Case Note
Paprika Limited v Office of the Data Protection Commissioner & Another
An employer used a staff member's likeness in promotional video under a term in his employment contract; after he absconded, he complained to the ODPC about the video's continued use. The employer sought judicial review of the resulting determination, but had already let its employee file a Section 64 appeal against the same decision — filed seven days before the judicial review application. The Court dismissed the judicial review bid on three independent grounds: an appellate remedy existed and hadn't been shown to be inadequate, running parallel proceedings against the same decision was an abuse of process, and — because the dispute was rooted in a contract of employment — the matter properly belonged before the Employment and Labour Relations Court, not the High Court, under Articles 162(2) and 165(5).
Whether you are defending a complaint, appealing a determination, or bringing a privacy claim of your own, the forum you choose and the procedural record you build early usually decide the outcome.
Muchangi Patrick & Associates Advocates represents complainants and respondents before the Office of the Data Protection Commissioner and on appeal, judicial review and constitutional petition before the High Court.
Institutions holding staff, member or student records face the same exposure. Our Data Audit Checklist is a practical starting point for mapping what personal data you hold and why.