The Office of Data Protection Commissioner has fined Casa Vera Lounge, along Ngong’ Road, Kes 1.85M fine for using a reveler’s image in their social media platforms without their consent.
Roma School, Uthiru, was also fined Kes 4.5M for using a minor’s pictures without consent from the parents.
Digital Credit provider, Mula Pride was also fined Kes 2,975,000 for using contact details obtained from their clients for ‘debt shaming’ and sending threatening messages.
The move from the Data Protection Commissioner has provided a ray of relief to many Kenyans and affirmed the existence of laws on data protection.
Following the fines meted out on Club Casavera; most establishments that include Loft and Quiver moved to print disclaimers at their entrances citing that photography may occur on the premises and that by gaining entry an individual consents to their images being used by the establishment.
However, such disclaimers do not still give the right of consent. According to the Data Protection Act 2019 on consent;
Consent is any manifestation of express, unequivocal, free, specific and informed indication of the data subject’s wishes by a statement or by a clear affirmative action, signifying agreement to the processing of personal data
Consent must be informed & therefore consent by the data subject must be based on an understanding of the processing activities & its implications on their rights.
Consent must include the subject’s right to withdraw consent at any time with details of how they can exercise this right.