Kenya’s Office of Data Privacy Commissioner announced three penalties for violation of the Data Protection Act and Casa Vera lounge was one of the clubs affected with the penalty.
The club, that is located along Ngong Road, was fined Kshs1.85 million for publishing a customers photo without consent.
This has however ignited a response from city night clubs. Some of the establishments have since provided notices to their customers that they are subject to photography and video recording.
Some establishments such as Tribe Onyx Club, Quiver Lounge Milimani, Texas Barbeque have issued warnings of implied consent to their customers entering the establishment. They said that photos and videos may be used in social media and websites and that the revelers should not expect compensation or file lawsuits for violations of the right of publicity, defamation or public infringement.
Onyx club stated,“Your entry and presence on the premises constitute your consent to be photographed, filmed, and/or otherwise recorded and to the release, publication, and reproduction of any and all recorded media of your appearance, voice, and name for any purpose whatsoever in perpetuity in connection with Onyx KE and its initiatives, including by way of example use on websites.”
“Do not enter the area if you do not agree to the foregoing,” Texas Barbeque and Quiver Lounge Milimani warned in their statements.
ODPC had also issued a statement after fining Casa Vera Lounge 1.85 million for posting a reveler’s image on social media without the person’s consent. They cited that the club had violated the Data Protection Act and violation of data privacy. This penalty aims to encourage other lounges and clubs to seek consent from customers before posting their images online, and is one of the three penalties issued by ODPC.
“Article 31 of the Constitution protects individuals’ privacy rights, and Article 31(c) safeguards an individual’s information relating to family or private affairs from unnecessary disclosure. Therefore, clubs do not have the right to post photos on social media without consent unless it can be proven that customers willingly posed for the photos,” read the statement in part.
Yesterday, Office of the Data Protection released 3 penality notices. Among it was Casa Vera Lounge that posted revelers image on social media without consent.
In a few hours some clubs and restaurants released notices informing customers photography and videography occurs in… pic.twitter.com/PgIEmErycK
— Egline Samoei (@Egline_Samoei) September 27, 2023