Reprieve for partygoers as the Data Protection Commission steps in to defend rogue club owners posting reveller photographs online without their consent.
Facing a KSh. 1,850,000 fine, Ngong Road club, Casa Vera Lounge, is unfortunately the example that other Nairobi clubs will learn from.
Sharing a statement online the commission reiterated their mandate and the objective to protect the data privacy of Kenyans.
“The establishment was fined Sh1,850,000 for posting a reveller’s image on their social media platform without the Data Subject’s consent. This penalty seeks to ensure that other lounges, clubs seek consent from their customers prior to posting,” the commission said.
The practice of posting pictures online has become rampant in recent years with Nairobi-based clubs being the main culprits. Many such establishments have posted warnings outside their establishments stating how they intend to use the photographs but the Data Protection Commission believes this is not compliant with the Data Protection Act of 2019.
“The penalty (Casa Vera) seeks to ensure that other lounges, clubs, etc seek consent from their customers prior to posting their images online,” the commission added.
Data Commissioner Immaculate Kassait through the statement, urged entities to comply with the Data Protection Act by implementing data protection principles and safeguards. She also called upon data controllers and Data Processors to ensure that the processing of personal data is in accordance with the provision of the Act.
“Failure to comply with the Act will result in instituting enforcement procedures,” Kassait said.
