The Office of the Data Protection Commissioner (ODPC) has directed Waithera Imani, popularly known as Cera Imani and trading as ESHE Community, to pay KSh50,000 in compensation after unlawfully using a man’s personal data in social media promotional content without his consent.
The complaint, filed by Ian Itolondo Mutoro, alleged that his full name and photograph were featured in videos shared on Instagram and TikTok to advertise the ESHE platform. Mutoro stated that he had not authorised the use of his personal details for marketing purposes and that it caused him distress.
In her defence, Cera Imani argued that Mutoro had previously consented to be featured on the ESHE platform as a medical professional and was aware of the promotional material. She also noted that some of his professional details were already publicly available.
However, the ODPC ruled that there was no documented evidence proving express, informed, and specific consent for the commercial use of Mutoro’s name and image. The regulator emphasised that being listed on a digital platform does not automatically constitute consent for separate marketing campaigns.
The Commissioner concluded that using the complainant’s personal data for promotional purposes without explicit consent constitutes unlawful processing under the Data Protection Act. While noting the respondent’s position, the ODPC held that failure to demonstrate valid consent was sufficient to establish liability.
