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Casa Vera Lounge penalised Sh1.8 million for sharing reveller's photo on social media

Many clubs across the country have been using social media to market themselves, posting photos of clients and patrons having a good time.

Casa Vera Lounge

The Office of the Data Protection Commissioner (ODPC) has penalised Casa Vera Lounge, a restaurant based along Ngong Road, Nairobi for posting a reveller’s photo on social media without consent.

In a statement on September 26, the ODPC said that the club was penalised Sh1.85 million.

“This Penalty seeks to ensure that other lounges, clubs etc. seek consent from their customers prior to posting their images online,” the statement said.

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The ODPC also penalised Mulla Pride Ltd, a Digital Credit Provider (DCP) which operates KeCredit and Faircash mobile lending Apps.

The company was penalised Sh2.975 million for using names and contact information lenders obtained from third parties.

“This Penalty will ensure that digital lenders and financial institutions notify data subjects when collecting and processing their data, and the intention of processing the said data.

“It will further ensure that the data controllers are limited to strictly dealing with data subjects who have consented to the collection and processing of their data,” the statement said.

Lastly, Roma School, an Educational Institution based in Uthiru has been fined Sh4.55 million for posting minors' pictures without parental consent.

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“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,” the ODPC said.

Data Commissioner Immaculate Kassait called upon data controllers and data processors

to ensure that the processing of personal data is in accordance with the provision of the Data Protection Act, 2019.

She warned that failure to comply with the Act will result in instituting enforcement procedures.

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