The Data Protection Commissioner (ODPC) has fined Casa Vera Lounge, a restaurant based along Ngong Road in Nairobi, Sh1.85 million for posting a reveller’s image on their social media platform without the person’s consent.
In a statement on Tuesday, the ODPC said that the fine is based on the grounds that the restaurant violated the data privacy rights and did not comply with the Data Protection Act.
“This penalty seeks to ensure that other lounges, and clubs seek consent from their customers prior to posting their images online,” the statement read in part.
“Article 31 of the Constitution protects the rights of an individual to his or her privacy, and Article 31(c) protects an individual’s information relating to family or private affairs unnecessarily required or revealed, so a club has no right to post your photos on social media without your consent, not unless, of course, you can clearly be seen to have posed for the photos, both you and your partner or the club management can prove without reasonable doubt that you asked to be photographed yourself, ” he adds.
Most nightclubs, in Nairobi, Kisumu to Mombasa, have been hiring professional photographers whose core business is to take photos of revellers having a good time which are later published on the club’s respective social media profiles.
The main purpose of nightclub photography is to; boost the club’s visibility online, sell the club’s agenda, attract clientele, act as the club’s activity archive and basically fill up the club’s social media timeline.
In another ruling ODPC also fined Roma School mixed day & boarding primary school in Uthiru a total amount of Sh4.55 million for posting a minor’s images without parental consent.
Article 31 of the Constitution protects the rights of an individual to his or her privacy, and Article 31(c) protects an individual’s information relating to family or private affairs unnecessarily required or revealed, so a club has no right to post your photos on social media without your consent, not unless, of course, you can clearly be seen to have posed for the photos, both you and your partner or the club management can prove without reasonable doubt that you asked to be photographed yourself.
“This being the first and the highest penalty to an educational facility sends a message to schools and other facilities handling minors’ personal data to obtain consent from parents or guardians prior to processing minors’ data,” the statement added.
“These penalty notices have been issued pursuant to Section 62 and 63 of the Data Protection Act, 2019 (Act) and Regulation 20 and 21 of the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021.”
