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…Had the appellant wanted to exercise her privacy, the respondent opined that she ought to have controlled the visibility of the post in managing her privacy and privatize her account generally.…

…Article 31 of our Constitution provides that every person has the right to privacy.…

…He submits that his right of protection of property slightly prevails over and/or limits the 2nd Respondent’s right to bodily integrity and right to privacy. 21.…

…The Appellant argues that the trial court considered the issue of privacy and bodily integrity, which he says was not raised by the Respondents.…

…The 3rd Respondent further submitted that the award serves both restorative and deterrent purposes, particularly in vindicating the Respondents’ right to privacy. 24.…

…seized;(c) information relating to their family or private affairs unnecessarily required or revealed; or(d) the privacy of their communications infringed.” 35.…

…Whether there was breach of data privacy following registration.…

…The defendant’s failure to investigate or take responsibility for agents’ actions could amount to constructive violation of privacy rights.…

…KTDA Agency Ltd [2019] eKLR where damages were awarded for violation of privacy rights. 29. The Respondent submitted that the award of Kshs. 250,000/= was modest, proportionate, and justified.…

…I therefore find that the Commissioner had jurisdiction to award compensation for emotional distress, inconvenience, and infringement of privacy rights. 58.…

…She asserted that subjecting her children to a DNA test would be intrusive into their right to privacy and integrity. 3.…

…The reason for this is that an order for a DNA test is very invasive or intrusive, in terms of the rights to integrity and privacy of those affected. The test ought to be conducted within a certain context.…

…The claim was therefore based on the tort of misappropriation of personality which is grounded in constitutional right to privacy (see the case of N W R & another v Green Sports Africa Ltd & 4 others [2017] eKLR) In this…

…respective community or communities. c) The person does not consent to the use of their personality. d) Damages, either emotional or financial losses, are proven although recent judicial rulings would indicate the right of privacy…

…The 2 nd respondent thus lodged his complaint against the respondents alleging breach of his constitutional right to privacy guaranteed under Article 31 of the Constitution and breach of his rights as a data subject as provided…

…for copies of the relevant data protection policies that were in force, between November 2019 and March 2021, the 2 nd respondent being the former CEO of Scangroup, was responsible for signing off and effecting WPP Data Privacy…

…endorsement agreement and the bank transfers would violate this fundamental right, as they pertained to confidential and commercially sensitive information relating to confidential business dealings and once disclosed, his privacy…

…The Appellant faults the trial court and argued that the trial court failed to strike a balance between the competing rights of the parties as it failed to weigh his rights to privacy, data protection and contractual confidentiality…

…Subsequently, on 18th October 2024, the Complainant reinstated the complaint pursuant to Regulation 7(3) of the Data Protection (Complaints Handling and Enforcement) Regulations, alleging violations of his right to privacy…

…The Respondent contended that these actions infringed the Complainant’s constitutional right to privacy. 15.…

…Ong’injo J awarded each of the Plaintiffs Kshs. 5,000,000.00 for infringement of their right to privacy and human dignity. 53.…

…Ong’injo J awarded each of the Plaintiffs Kshs. 5,000,000.00 for infringement of their right to privacy and human dignity. 71.…

…further submitted that the Appellant did not at any one point receive express invitation or consent from the Respondents to use their images and was therefore performing an illegality and was in blatant breach of data and privacy…

…It is their claim before the Office of Data Protection Commissioner that the Appellant infringed on their right to privacy contrary to Article 31 (c) and (d) of the Constitution.…

…I find that the Appellant's conduct infringed the right to be informed, the right to object and the right to privacy protected under Article 31 of the Constitution. 29.…

…Taking into account all the circumstances of the case, including the absence of proof of pecuniary loss, the mitigating steps taken to replace the number, and the need to uphold the statutory right to privacy while ensuring…

…10167 (KLR) (Muchemi, J), where the facts were similar, for the respondent had published images of the appellant in several issues of its newspapers, without her consent, the court found and held that there was violation of privacy…

…The appellant’s argument on the respondent’s breach of duty of care, is that the latter violated his right to privacy and right to own property and enjoy its usage; including access to credit in contravention of Article 31…

…appellant’s ID, KRA Pin and his private mobile phone number to open and maintain Account Number 0100006879599 at the Respondent bank without the Appellant’s knowledge and consent amounts to an infringement of his right to privacy…

…He sought against the appellants damages for unjustified invasion of his premises, loss of privacy, defamation and the return of all his goods.…

…He stated that the right to privacy was not misled. The Respondent opposed the Appeal. They stated that some of the documents annexed were not in the original record.…

…Finally, though it is clothed as a contractual obligation, the suit was for enforcement of articles 31 (c) and (d). they provides as follows: - Every person has the right to privacy, which includes the right not to have-…

…He stated that the right to privacy was not misled. The Respondent opposed the Appeal. They stated that some of the documents annexed were not in the original record.…

…Finally, though it is clothed as a contractual obligation, the suit was for enforcement of articles 31 (c) and (d). they provides as follows: - Every person has the right to privacy, which includes the right not to have-…

…as required in law. d) The learned Magistrate erred in law and in fact in finding as she did that “very little information” was provided to the 1 st Garnishee/Respondent to ensure that it did not breach anyone’s right to privacy…