'Photo disclaimers not enough!' Gov't warns nightclubs on customer privacy

'Photo disclaimers not enough!' Gov't warns nightclubs on customer privacy

File image of Immaculate Kassait, Kenya's Data Protection Commissioner.

Data Protection Commissioner Immaculate Kassait now says the disclaimers shared by entertainment joints on capturing and sharing customers' photographs online lack a valid legal foundation and do not protect them from liability.

According to Kassait, without written consent from the client, a nightclub cannot unwillingly use a patron's image or video for promotional activities.

This comes after Casa Vera Lounge was ordered by the Office of the Data Protection Commissioner to pay Ksh.1.8 million to a disgruntled patron after capturing and circulating images of him on social media without written consent.

Following the order, numerous entertainment joints issued social media notices informing revelers that they waive any claims for invasion of privacy, defamation, and copyright infringement upon entry into their establishments.

"The disclaimers that have been shared by the various clubs are still not enough for them to go ahead and share the images. For the clubs to do that, they need to get written consent from the customer that they have allowed the company to use them and explain for what purposes," Kassait said in an interview with the Nation.

When seeking consent from revelers, Kassait added that clubs should clearly indicate the period of time they intend to use the photos and videos for promotional activities.

Should the revelers consent in writing to the terms issued by the night clubs, then the joints can use any photos and videos captured within their premises without fear of legal backlash.  

She added that the issue of consent applies to footage captured by CCTV surveillance in clubs as well.

"The main purpose of the CCTV footage is to provide security and if you are not involved in any criminal activity and your photos and videos are still doing the rounds on social media, it is considered illegal," she said.

"It is similar to being asked to leave your ID details and sometimes the card itself- before entering a building. If that information is used later to call or send you text messages, that is illegal." 


Citizen Digital Citizen TV Kenya Data Protection Immaculate Kssait Office of the Data Protection Commissioner

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