- Disclaimers lack valid legal foundation
- Casavera lounge fined 1.8M
- Clubs should clearly indicate the period of time they intend to use the photos
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 a popular entertainment joint along Ngong Road found itself in hot soup after the joint was fined 1.8 million shillings by the Office of Data Protection for posting a revelers photo on its social media pages without customers consent.
Numerous entertainment joints immediately took to their social media informing revelers that they waive any claims for invasion of privacy, defamation, and copyright infringement upon entry into their establishments.
Customers to issue consent
“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.
Kassait further says , when seeking consent from revelers, clubs should clearly indicate the period of time they intend to use the photos and videos for promotional activities.
Its only when revelers consent in writing to the terms issued by the night clubs, that the joints can use any photos and videos captured within their premises without fear of legal backlash.