Data protection and schools to hold crisis meeting over pupils photos

In order to address the rules and precautions to take while dealing with children’s images that are either published online or on print, the Kenya Private Schools Association (KPSA) has scheduled a meeting with Data Commissioner Immaculate Kassait.
According to Commissioner Kassait, who was speaking on Hot 96 on Wednesday, the meeting will increase compliance even though parents continue to voice their worries about schools posting their kids’ pictures online without their permission.
In the interview, Kassait highlighted that publishing photographs of children online exposes them to dangers like cyberbullying, which is particularly dangerous for young children.
Kassait emphasized the problem and cited a recent instance in which the agency fined 3 institutions KSh9.4 million for violating privacy rights.
One of the businesses, a school in Kiambu County, was fined KSh4.5 million for publishing a minor’s photo without getting permission from the parents.
According to Kassait, this will act as a clear warning to facilities that handle images of minors.
The Data Commissioner noted that her office has created Guidance Notes outlining all aspects surrounding privacy issues and concerns to guarantee that Kenyan organizations in various industries respect data privacy.
“The issue around school is more sensitive because you’re dealing with children. When it comes to children, you’re suppose to take more caution because you have to deal with guardians. In this particular case, when it was children’s images that were online and then posted on TikTok for commercial purposes and there’s no consent from the guardian,” she stated.
“These are children who we must protect as a society. Having children’s image out there can expose them to such risks, in the case of Europe people using artificial intelligence to place people’s images on children in an absurd way, so you have to be extremely careful. Having said that I know we’re in a culture of sharing, hence it’s a challenge for many schools.” Kassait added.
The Data Commissioner also explained why she punished a club KSh1.8 million for posting a partygoer’s photo without their permission.
Kassait described how he arrived at the figure and how the fine amount is based on the seriousness of the infringement.
The frequency of the offense and if the institution takes corrective action after becoming aware of the offense are among the other variables taken into account.
“By the time we fine any institution, there has been almost 90-day conversation, it’s not an instant fine. If we establish, there’s a breach, we give a thirty day notice, to perhaps bring down the posters or rectify the issue. If you do not, is when we impose penalties,” she added.