Immaculate Kassait, the data protection commissioner, has stated that the disclaimers issued by entertainment venues on taking and sharing customers' photos online are invalid and do not shield them from liability.

According to Kassait, a nightclub can only unintentionally utilize a patron's photograph or video for promotional purposes with the client's express written authorization.

This comes after Casa Vera Lounge had to pay Ksh.1.8 million to a disappointed customer, the Office of the Data Protection Commissioner, for taking and sharing his photographs on social media without his consent.

Following the ruling, several entertainment venues posted social media notifications informing patrons that entering their businesses constitutes a waiver of any claims for invasion of privacy, defamation, and copyright infringement.


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"The disclaimers given by the different clubs need to be more sufficient for them to share the photographs. For the clubs to do that, they must obtain formal confirmation from the client that they have permitted the business to use them and specify for what purposes, according to Kassait in an interview with the Nation.

Kassait noted that clubs should make it clear to attendees when requesting permission to use their images and films for advertising purposes.

Suppose the partygoers agree in writing to the terms set forth by the nightclubs. In that case, the establishments can use pictures and videos taken on their property without worrying about legal repercussions.  


She continued by saying that the consent question also applies to video obtained through CCTV surveillance in nightclubs.

"The main goal of the CCTV footage is to provide security," she added. "If you are not engaged in any criminal activity and your photos and videos are still making the rounds on social media, it is considered illegal."

It is comparable to being required to leave your ID information—and occasionally the actual card—before entering a building. It is unlawful if that information is subsequently utilized to phone or text you.