In a press release on Tuesday 26th September, the Office of the Data Protection Commissioner fined Roma School, a learning institution based in Uthiru Sh. 4.5 million.
The commission noted that the school failed to comply with the stipulated Data Protection Act after it posted photos of children from the school without receiving parental consent.
“Roma School, an education institution based in Uthiru has been fined Sh. 4,550,000 for posting minor’s pictures without parental consent,” the statement read in part.
For breaching the act, the Data Protection Commission has acknowledged that this is the first and highest penalty in Kenya to be slapped on an educational institution.
They maintained that the school would learn from their mistakes and request parent’s consent before posting kids online.
“This sends a message to schools and other facilities handling minors’ data to obtain consent from parents/guardians before processing minors’ data,” reads the statement.
The school’s director, in response to the hefty fine, responded that he did receive the letter from the commissioner but was not made aware of any complaint prior. He added that he would follow up the matter with the Data Protection Commission.
“I will have to go to their offices,” he added.
Data Commissioner Immaculate Kassait emphasized the importance of compliance with the Data Protection Act. She urged firms and organizations to adhere to data protection principles and safeguards outlined in the Act.
Kassait further insisted that data controllers and processors should ensure that any processing of personal data aligns with Kenyan law.
“Failure to comply with the Act will result in instituting enforcement procedures,” she said.
Casa Vera Lounge, located on Ngong Road, was fined Sh. 1.8 million for sharing a customer’s image without their consent. This fine was imposed due to the restaurant’s violation of the customer’s data privacy rights, which constitutes a breach of the Data Protection Act.
This penalty is supposed to serve as a warning to other lounges and clubs to seek consent from customers before posting their images online.
