The Office of the Data Protection Commissioner (ODPC) has granted actor Paul Ogola a compensation of Kes.1.4 million for the unauthorized utilization of his image in advertising campaigns. Ogola, famed for his role in 'Sense 8', filed a complaint against Shalina Healthcare Kenya Limited for persisting in using his images beyond the expiry of their contract.
Following an investigation, the ODPC concluded that Shalina had employed Ogola's images for billboards, posters, moving pictures, websites, and printed calendars without obtaining his consent or informing him.
As per the agreement between Ogola and the company, they were authorized to utilize his image exclusively for an online campaign promoting their Pharmasal product for a period of six months, running from February 12, 2022, to August 12, 2022.
In the verdict delivered by Data Commissioner Immaculate Kassait, it was established that Shalina Healthcare had breached the terms outlined in the initial contract and encroached upon Ogola's rights regarding data protection.
As part of the compensation, the 'Nairobi Half Life' star was granted Kes.500,000 for images showcased on billboards (outdoor advertising) and Kes.500,000 for images utilized in calendars, websites, and social media platforms.
Furthermore, Ogola was awarded Kes.200,000 for the violation of the right to be informed under Section 26(a) of the Data Protection Act.
The overall compensation ordered for Ogola by Shalina Healthcare Kenya Limited totals Kes1,450,000.
Both parties have the opportunity to challenge the ruling by appealing to the High Court of Kenya within a 30-day period.
