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 & Co. 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.