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Kenya: Accessorize With Style ordered to pay KES 1.5M for processing data without consent

On June 6, 2024, the Office of the Data Protection Commission (ODPC) published its decision in complaint No. 0151 of 2024, as issued on April 22, 2024, in which it ordered Mindquest Limited trading as Accessorize With Style to pay KES 1.5 million (approx. $11,605) as compensation for violating the Data Protection Act of 2019 (the Act) following a complaint.

Background to the decision

The ODPC stated that the complainants lodged a complaint on January 24, 2024, alleging that Accessorize With Style continued to use their images for branding and advertising, despite the lapse of their contracts in 2020. The ODPC also noted that the complainants sent a demand letter to Accessorize With Style on October 23, 2023, but it continued to use the complainants' images.

Findings of the ODPC

Following an investigation, the ODPC determined that Accessorize With Style had violated:

  • Section 32(1) of the Act for failing to prove that it obtained consent from the complainants; and
  • Section 37(1)(a) of the Act by using the complainants' images for commercial purposes without their consent.

Outcomes

In light of the above, the ODPC ordered Accessorize With Style to pay the aforementioned amount.

You can read the decision here.