The ODPC determined that the prolonged display of the photograph constituted commercial processing of personal data. This practice violated Section 37 of the Data Protection Act, 2019, which strictly requires express consent for commercial data use unless otherwise authorized by law.
The ODPC determined that the prolonged display of the photograph constituted commercial processing of personal data.
This practice violated Section 37 of the Data Protection Act, 2019, which strictly requires express consent for commercial data use unless otherwise authorized by law.
The landmark determination sheds light on workplace privacy rights and highlights the legal obligations employers face regarding employee imagery after staff departures.
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The ODPC determined that the prolonged display of the photograph constituted commercial processing of personal data. This practice violated Section 37 of the Data Protection Act, 2019, which strictly requires express consent for commercial data use unless otherwise authorized by law. The landmark determination sheds light on workplace privacy rights and highlights the legal obligations employers face regarding employee imagery after staff departures.
The regulator ordered a corporate employer to pay a former staff member Ksh500,000 after finding that his image remained on the company's website and social media channels to promote its services long after his employment had ended.
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