Casa Vera Lounge fined Ksh.1.8M for posting a reveler's image online without consent

Casa Vera Lounge fined Ksh.1.8M for posting a reveler's image online without consent

File image of Casa Vera Lounge. PHOTO|COURTESY

The Casa Vera Lounge, a restaurant based along Ngong Road in Nairobi, has been fined Ksh.1.85 million for posting a reveler's image on their social media platform without the person's consent.

The fine, issued by the Office of the Data Protection Commissioner (ODPC) in a statement on Tuesday, is based on the grounds that the restaurant violated the data privacy rights and did not comply with the Data Protection Act.

ODPC said that the penalty will serve as a warning to other lounges and clubs to always seek consent from their customers prior to posting their images online.

Likewise, ODPC fined Roma School mixed day & boarding primary school in Uthiru a total amount of Ksh.4.55 million for posting a minor's images without parental consent.

"This being the first and the highest penalty to an educational facility sends a message to schools and other facilities handling minors' personal data to obtain consent from parents/guardians prior to processing minors' data," read part of the statement. 

Mulla Pride Ltd, a Digital Credit Provider (DCP) which operates KeCredit and Faircash mobile lending Apps, was also fined a penalty of Ksh.2.975.000. 

They were found to have used names and contact information of complainants which were obtained from third parties, and subsequently used to send threatening messages and phone calls. 

Meanwhile, Naivas Supermarket and digital credit lender WhitePath are awaiting their fate after a compliance audit was conducted on them over data breach reports.

"The findings will be shared with the Data Controllers for their swift action," said ODPC.

Different entities have been urged to comply with the Data Protection Act by implementing data protection principles to ensure that the identity of citizens is safeguarded.

"Failure to comply with the Act will result in instituting enforcement procedures." 

ODPC also seeks to embarking on conducting 40 compliance audits on various data controllers and in various sectors this year.

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