Mukumu Girls fined Sh300,000 for sharing minor's photo without consent

Sacred Heart Mukumu Girls’ High School has suffered a major setback after it has been ordered to pay Sh300,000 as compensation for unlawfully sharing a minor student’s photograph without her parent’s consent.

The order was issued by the Office of the Data Protection Commissioner (ODPC), Immaculate Kassait, in a determination arising from a complaint over the unauthorised release of a Form Four student's photograph during the deadly 2023 contamination outbreak at the institution.

The ODPC found that the school had breached data protection principles by disclosing the minor’s photograph to third parties, including a media organisation, for publication without demonstrating that it had obtained the consent of her parent and legal guardian.

The photograph of the student, then 17, had initially been collected in 2020 for purposes of the student’s admission and administration at the school.

It was shared with the media in May 2023 without the knowledge or consent of her parent, and was subsequently used on the front page of one of the local dailies.

However, the Data Commissioner found that disclosure for publication amounted to further processing for a materially different and incompatible purpose.

“The purpose for which the photograph was collected was therefore limited to the 1st Complainant's relationship with the school and the administrative functions arising from her admission and enrolment,” Commissioner Kassait stated.