A Nairobi couple must compensate their neighbors with 200,000 shillings after surveillance cameras violated privacy rights for nearly four years, Data Protection Commissioner Immaculate Kassait determined. Lilian Nyawira and John Gitahi complained that two devices monitored their kitchen and private areas since mid-2021, causing psychological distress despite settlement attempts through local authorities and lawyers.
The defendants argued the equipment prevented burglary and made minor adjustments as goodwill, but Kassait ruled they failed to demonstrate proportionate security measures under the Data Protection Act 2019. The decision emphasized that surveillance systems cannot lawfully capture footage beyond property boundaries, breaching fairness and data minimization requirements under Section 25.
Kassait awarded damages under Section 65, which permits compensation for violations causing distress, establishing a precedent that residential security cannot compromise neighboring households' constitutional protections.
The defendants argued the equipment prevented burglary and made minor adjustments as goodwill, but Kassait ruled they failed to demonstrate proportionate security measures under the Data Protection Act 2019. The decision emphasized that surveillance systems cannot lawfully capture footage beyond property boundaries, breaching fairness and data minimization requirements under Section 25.
Kassait awarded damages under Section 65, which permits compensation for violations causing distress, establishing a precedent that residential security cannot compromise neighboring households' constitutional protections.
