Here Is Why Publishing Pupils’ Exam Results Could Land Schools in Court

Parents in Kenya can now sue schools that publish their children’s examination results without consent, following a landmark ruling that reinforces the protection of minors’ personal data under the law.

The decision is expected to have far-reaching implications for schools that routinely advertise their academic performance by publishing the names, photographs, and results of top-performing pupils in newspapers, on websites, and across social media platforms.

For years, many learning institutions have used student performance as a marketing tool, often assuming they can freely publicise pupils’ personal information to attract new admissions. 

In many cases, these publications include full names and detailed exam results, shared without the explicit consent of parents or guardians.

However, growing concerns from parents over privacy violations, public exposure, and long-term digital footprints have now been validated by the Office of the Data Protection Commissioner (ODPC).

In a recent ruling, a school based in Nairobi was ordered to pay Ksh 637,500 in compensation after unlawfully publishing a minor’s name and examination results in a national newspaper without parental consent.

The ODPC described the school’s actions as a deliberate and aggravated breach of a child’s right to privacy, noting that the institution ignored objections raised by the parent and proceeded with publication despite prior assurances to protect the learner’s data.

According to the ruling, the publication was not an academic report or an official educational notice, but a commercial advertisement intended to market the school as a high-performing institution.

The Commissioner found that the child involved was a minor, that the parent had neither consented to nor approved the publication, and that the school had been explicitly informed of the objection before going ahead with the advertisement.

As a result of the publication, the child’s personal information was exposed to nationwide scrutiny and permanently preserved in print and online archives, a factor that weighed heavily in the final decision.

In explaining the legal basis of the ruling, the ODPC cited provisions of the Data Protection Act, which gives enhanced protection to children’s personal data. Under Section 65 of the Act, any individual who suffers damage due to unlawful processing of personal data is entitled to compensation.

The law further clarifies that damage is not limited to financial loss but also includes emotional distress, reputational harm, and psychological impact—particularly relevant in cases involving minors.

The Commissioner concluded that the school unlawfully processed the child’s personal data, violated the right to object to processing, and failed to act in the best interests of the child, as required by law.

After considering the seriousness of the violation, the national reach of the publication, and the school’s conduct, the ODPC ruled that the institution was fully liable and awarded Ksh 637,500 in compensation to the affected parent.

Both the school and the parent were granted a 30-day window to appeal the decision at the High Court should either party be dissatisfied with the outcome.

The ruling sends a strong warning to schools across the country that good academic results do not grant institutions the right to expose children’s personal information for branding or promotional purposes.

For parents, the decision is a significant reassurance that their children’s privacy is protected by law. It affirms that schools must obtain clear, informed consent before publishing any identifiable information relating to a learner, especially where the purpose is commercial rather than educational.

Legal experts say the ruling is likely to set a precedent and could lead to more parents seeking redress where schools disregard data protection laws.