Company Ordered to Pay Ex-Employee Ksh700k Over Recorded Zoom Call

The Office of the Data Protection Commissioner (ODPC) has ordered Liquid Telecommunications Kenya to pay a former employee Ksh700,000 for the unlawful recording and processing of a Zoom meeting.

In the orders issued by Data Commissioner Immaculate Kassait on November 3, 2025, Andrew Alston accused his former employer of recording his personal data - his voice and statements in the call - without his explicit consent.

Alston’s complaint centered on a consultation call with Liquid Kenya’s HR representatives following his retrenchment in 2024. 

During the call, he explicitly stated that he did not consent to the recording and was assured that it would be deleted immediately after the session. 

Despite this, the recording was retained by Liquid Kenya and subsequently shared with Liquid Telecommunications Mauritius, a sister company, for use in court proceedings against Alston in a separate matter.

The former employee contended that the recording was unrelated to any arbitration involving Liquid Kenya and pertained solely to his work visa and exit details. 

Alston argued that the company’s retention and sharing of the recording caused him substantial legal fees, approximately $5,000 (Ksh645,000) as he challenged its admissibility in court. 

In its defense, Liquid Kenya claimed that the recording was preserved for legitimate evidentiary purposes.

The company argued that the retention was necessary to ensure a fair hearing and protect its legal rights, asserting that no harm was caused to Alston as the recording was ultimately withdrawn from the court proceedings.

However, the ODPC sided with the former employee. In particular, the Commission ruled that the company failed to fulfill its duty to notify Alston of the purpose of collecting his data, the potential sharing with third parties, and the measures in place to ensure confidentiality.

"The duty to notify is a core transparency obligation that ensures data subjects are informed, at or before the point of data collection, about what happens to their data, why, and by whom. It underpins informed consent, fairness, and the ability to exercise data rights," read the ruling in part.

"The Respondent stated that an automated notice of the recording was automatically generated at the beginning of the Call to notify the participants that the call was being recorded. However, this does not fulfil the duty to notify, as no evidence was adduced to demonstrate that all elements set out in Section 29 outlined above were met."

Considering the nature of the personal data, the scope of unlawful processing, and the resulting financial and legal burden on Alston, the ODPC directed Liquid Kenya to compensate the former employee Ksh700,000. 

In addition, the Office issued an Enforcement Notice against the company to ensure compliance with Kenya’s data protection laws.