The Office of the Data Protection Commissioner (ODPC) has ordered Goodtimes Africa, the company behind the popular Blankets and Wine events, to pay Sh300,000 in compensation for unlawfully using a woman’s image in promotional materials without her consent.
In a determination dated April 8, Data Commissioner Immaculate Kassait found the company liable for violating the Data Protection Act, 2019.
The complaint, filed in December 2025 by Antonate Rombo Aiko, centred on the use of her image in advertisements for the ‘Blankets and Wine Tupatane Onja Onja Summer Events 2025’ across the organiser’s social media platforms.
Aiko argued that the use of her likeness falsely implied endorsement, harmed her professional reputation, and denied her the opportunity to commercially license her image.
Goodtimes Africa, through its lawyers, maintained that consent had been obtained via terms and conditions issued to event attendees, and that any alleged infringement was neither ongoing nor intended for improper commercial gain.
However, the ODPC found that while the respondent relied on general event terms, it failed to demonstrate that the complainant had given express, specific, and informed consent for her image to be used in advertising and promotional content.
‘The Respondent has not demonstrated that such consent specifically extended to the use of the Complainant’s image for commercial advertising and promotional purposes,’ the determination states.
The regulator held that the use of Aiko’s image to promote a revenue-generating event amounted to commercial processing of personal data, which requires clear, express and provable consent under the law.
The ODPC further noted there was no evidence that the complainant was informed her image would be used in marketing materials or that she took any affirmative action to approve such use.