Clubs Impose Tough Rules On Revellers After Data Commissioner Fine

The establishments, hours after ODPC listed the nightclub among three data controllers fined a total of Ksh9,375,000, affirmed that patrons who access their premises may be subject to photography and video recording.

Marvin Chege Marvin Chege
Sep 27, 2023 - 08:50 Updated: Sep 27, 2023 - 08:50
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Clubs Impose Tough Rules On Revellers After Data Commissioner Fine
A photo of revellers at a night club. /TRAVEL START

In the wake of the Office of the Data Protection Commissioner (ODPC) imposing a Ksh1.9 million fine on Casa Vera Lounge, a restaurant based along Ngong Road in Nairobi, nightclubs across the city have reacted by issuing tough rules of their own.

The establishments, hours after ODPC listed the nightclub among three data controllers fined a total of Ksh9,375,000, affirmed that patrons who access their premises may be subject to photography and video recording.

Take for instance the iconic Quiver Lounge which has clubs at Thika Road, Kilimani, Kitengela and Kenol in Murang'a County which revealed that revellers who enter their premises consent to be photographed or filmed without compensation.

Quiver Lounge along Thika Road. /FACEBOOK.QUIVER LOUNGE

"You are entering an area where photography, audio and video recording may occur. Please be aware that by entering the event premises you consent to be photographed, filmed, and/or otherwise recorded without compensation and waive and release any claims you may have related to the use of recorded media of you at the event for any purpose whatsoever in perpetuity in connection with Quiver Lounge & Grill, by way of example, use on website, in social media, news and advertising or for any payment for use of such recorded media," read its statement posted on January 23, 2023.

The establishment further warned revellers that they would be barred from entering the premises for failing to adhere to the consent agreement, adding "Do not enter this area if you do not agree to the foregoing."

Tribe Onyx Club and Texas Barbeque issued similar regulations on revellers consenting to be photographed, filmed, and/or otherwise recorded and to the release, publication, and reproduction of any and all recorded media of their appearance, voice, and name for any purpose whatsoever in perpetuity in connection with their establishments and their initiatives, including by way of example use on websites.

Cavalli @ The Manor, located in Westlands, however noted that revellers who do not wish to be filmed, recorded, or photographed within its establishment should follow two steps.

"Request a GLOW wristband at the entrance or from our stewards. Keep the wristband on until you leave the premises," stated Cavalli.

The entertainment joint explained that the wristband will signal a patron's preference, and all individuals involved in filming or recording will respect his or her request and avoid capturing the person on camera.

"If, by any chance, a picture or recording is unintentionally taken, it will be promptly deleted. Your privacy is our priority," Cavalli assured.

In a statement on Tuesday, September 26, ODPC revealed that Casa Vera Lounge posted a reveller's image on their social media platform without their permission.

The entertainment joint was among three entities fined for failing to observe Data Privacy Rights to Data Subjects and also not complying with the Data Protection Act.

"The Data Controller that has been fined today is Casa Vera Lounge, a restaurant based along Ngong Road in Nairobi.

"The establishment was fined KES 1,850,000 for posting a reveller's image on their social media platform without the Data Subject's consent," ODPC stated in part.

The data commissioner argued that the penalty seeks to ensure that other lounges, clubs etc. seek consent from their customers prior to posting their images online.

Casa Vera moved to issue a similar statement to Quiver, Tribe Onyx, Texas Barbeque among others, noting that "By entering this premise,you waive and release any claims you may have related to the use of recorded media of you at the event, including, without limitation,any right to inspect or approve the photo, video or audio recording of you, any claims for invasion of privacy,violation of defamation,and copyright infringement or for any fee for use of such recorded media."

A banner at Casa Vera Lounge in Nairobi. /FACEBOOK.CASA VERA LOUNGE

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