The Office of the Data Protection Commissioner (ODPC) has imposed a fine of KSh 1.85 million on Casa Vera Lounge for the unauthorized publication of an individual’s photo on their social media platform.
In a statement issued on Tuesday, September 26, the ODPC levied this fine due to the restaurant’s violation of the Data Protection Act and the individual’s right to data privacy.
The establishment has been penalized KSh 1,850,000 for sharing images of revelers on their social media platform without obtaining the data subject’s consent. “This penalty is intended to encourage other lounge clubs to seek consent from their customers before posting their images online,” stated Immaculate Kassait, the Data Commissioner.
The ODPC aims to emphasize the importance of prioritizing consent and hopes that this fine serves as a reminder to other bars and clubs to consistently seek permission from their patrons before sharing their photos online.
Immaculate Kassait, the Data Commissioner, called on data controllers and data processors to adhere to the Data Protection Act by implementing data protection principles and safeguards. Non-compliance with the act will result in the initiation of enforcement procedures.
While social media remains a vital marketing tool for many businesses, concerns about privacy have been raised by some Kenyans. The discussion began when the administrator of a popular Facebook group raised objections to nightclubs taking photos of revelers to promote their establishments.
According to her, many individuals feel uncomfortable when their photos are taken while they are enjoying a night out. She also mentioned that she was working on a petition to address this matter.
“I am working on a serious petition to bar people from taking photos in entertainment places. Allow people to have fun in peace. If you want a photo, go take it in the washrooms,” she said.