The days of corporate impunity regarding personal data in Kenya are numbering, as the Office of the Data Protection Commissioner (ODPC) issues a record 184 compensation orders to aggrieved citizens.

In a landmark move that signals a maturing data privacy landscape, the ODPC has ordered various entities, including digital credit providers and entertainment joints, to pay damages to complainants. The compensation orders, some reaching as high as KES 500,000 per individual, mark a significant shift from mere warnings to punitive financial enforcement.

Commercial Exploitation Punished

The bulk of the complaints center on the unauthorized use of personal images for commercial gain. In one high-profile determination, a finance company was ordered to pay half a million shillings for using a complainant's photo on a billboard without consent. The ODPC ruled that the "right to own one's image" is fundamental and cannot be overridden by corporate profit motives.

"Entities must understand that a person's face is personal property," the Commissioner stated in the ruling. "You cannot simply pluck a photo from social media and slap it on an advertisement. That is theft of identity, and it will cost you."

• Digital Lenders on Notice: The orders also targeted digital lenders who shame borrowers by calling their contacts. The ODPC has ruled this as a gross violation of dignity and privacy, attracting heavy fines.
• The Precedent: These rulings are protected by the High Court, which has affirmed that it will not interfere with the ODPC's discretion in awarding damages unless the decision is irrational.

A Wake-Up Call

Legal experts view this as a turning point for compliance in Kenya. "Companies can no longer treat data protection as a suggestion," said a Nairobi-based tech lawyer. "With 184 orders out, the message is clear: privacy violation is now a liability on your balance sheet." For the ordinary Kenyan, it is a reminder that their data has value, and the law is finally ready to defend it.