DataHub Weekly | Image Rights & Data Protection
Jun 07, 2024 3:00 am
Data Protection Determinations
We provide highlights of data protection determinations published by various Information Regulators across Africa.
Kenya
Airtel Networks Kenya Limited failed to update a customer's record due to an error, violating the customer's privacy and data protection principles. The suit was dismissed after the dispute was resolved. Access an easy-to-read case summary of the determination. Read more on DataHub
The ODPC ordered Easy Coach Ltd, a courier company to avail proof of trainings undertaken by its staff on data privacy after personal data of a passenger (the ‘Complainant’) which was shared to facilitate the provision of courier services, was accessed by another passenger. Access an easy-to-read case summary of the determination. Read more on DataHub.
Nigeria
Miss Folashade Molehin was awarded compensation in the sum of N7.5 million when United Bank of Africa PLC were held liable for breaching the Constitution and Nigeria's data privacy laws when it created an account without first obtaining the Applicant's consent so to do and ignore her requests to close the offending account. Access an easy-to-read case summary of the determination. Read more on DataHub
South Africa
Judith Hawarden succeeded in suing ENS for the loss of R5.5 million because of a Business Email Compromise (BEC). The Plaintiff was an ENS’ client who wired money to the firm using account details provided in an email but unaware that the emails had been compromised. The court said that ENS owed a general duty of care to The Plaintiff because as a law firm, ENS was aware of the risk of business email compromises. Access an easy-to-read case summary of the determination. Read more on DataHub
Quiz
Under the Data Protection Act, 2019, which of the following actions requires explicit consent when using an individual's image?
A) Using the image for personal, non-commercial use.
B) Sharing the image within a small, private group chat.
C) Using the image for commercial advertising purposes.
D) Displaying the image in a public gallery with the person's agreement.
Answer: C) Using the image for commercial advertising purposes.
The GDPR mandates explicit consent for processing personal data, including images, especially when used for commercial purposes. Ensure your organization complies by obtaining clear and documented consent.
For more insights on image rights and compliance strategies join our Compliance Workshops.
Featured Article
Navigating Image Rights in Kenya: A Guide for Organizations
In today's digital landscape, understanding and respecting image rights is crucial for organizations operating in Kenya. The Kenyan legal framework, including the Constitution and the Data Protection Act, 2019, provides robust protections for individuals' images.
Recent rulings and the proactive enforcement by the Office of the Data Protection Commissioner (ODPC) underscore the importance of obtaining explicit consent and adhering to data protection principles.
For a deeper dive into how your organization can ensure compliance and avoid costly legal repercussions, read our comprehensive guide on image rights in Kenya.
Discover practical steps to protect your business and build trust with your stakeholders.
Want more?
Check out Africa-focused data protection resources: datahub.africa which includes:
• AI Policies & Case Tracker
• Country data laws and factsheets
• Data Protection decisions and summaries
• RSVP for Compliance Workshops
• Data Protection Blog
Follow DataHub on LinkedIn, Twitter or check us out online.
DataHub is a free to use data-focused product by MZIZI Africa
