What Made Data Protection Office Impose Ksh1.9M Fine On Nairobi Nightclub

Immaculate Kassait, the Data Commissioner, made public on Wednesday, October 4 behind-the-scenes steps that culminated in the imposing of a Ksh1.9 million fine on Casa Vera Lounge, a restaurant based along Ngong Road in Nairobi.

Speaking on Hot 96, Kassait revealed that the fine amount was dependent on the severity of the infraction. In this case, Casa Vera was fined for posting a reveller's image on their social media platform without their permission.

Other factors taken into consideration included the frequency of the offence and whether the institution takes remedial measures from the time they are informed of the offence.

Kassait suggested that the Office of the Data Protection Commissioner (ODPC) might have had talks with the targeted premises spanning nearly three months, with the first month seeing a notice issued to the premises after determining a breach in its regulations.

Immaculate Kassait during her vetting by MPs for the Data Commissioner post on October 20, 2020. /BUSINESS DAILY

In the event a premise does not rectify its mistake and adhere to the guidelines, the ODPC takes action and imposes the penalty.

"By the time we fine any institution, there has been an almost 90-day conversation, it's not an instant fine.

"If we establish, there's a breach, we give a 30-day notice, to perhaps bring down the posters or rectify the issue. If you do not, is when we impose penalties," she stated.

To ensure that all Kenyan entertainment joints respect data privacy, the Data Commissioner explained that her office has developed Guidance Notes clarifying all issues surrounding privacy issues and concerns.

Kassait in a previous interview rubbished disclaimers posted on the social media pages of various nightclubs subjecting patrons to automatic consent to have their photos and videos taken to market their businesses online, which were hurriedly posted by nightclubs countrywide after news regarding the fining of Casa Vera shook the entertainment scene.

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 automatically, without compensation.

According to her, the disclaimers warning that entering the premises constitutes consent for them to take photographs of you and use them for generating content for marketing on social media were insufficient and carried no legal basis.

"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 purpose," Kassait told Nation.Africa