Salon photo on social media

I recently went to a salon to have my hair braided. After the process, the salon staff asked to take photographs of me. I understood this to be for internal purposes or to show other clients at the salon. Later that evening, my husband forwarded me a post from the salon’s Instagram page, where my photograph had been published with the caption ‘satisfied customer’ together with the price. This came as a surprise, as I had not been informed that the photographs would be used publicly. I contacted the salon requesting that the photograph be taken down, but the owner declined, stating that I had agreed to the photographs being taken and that they could not remove them as they had engaged a professional photographer. Is the salon permitted to use my photograph in this manner?

SM, Dar es Salaam

The circumstances you have described raise questions as to the scope of the consent given at the time the photographs were taken. Under the Personal Data Protection Act [Cap 44 R.E 2023], personal data is required to be processed lawfully, fairly and transparently, and only for a specific and legitimate purpose. While you may have agreed to the taking of photographs, it is necessary to consider whether that understanding extended to their publication on a public platform such as social media. Consent, in this context, is expected to be clear and specific to the intended use.

The publication of your photograph, particularly together with pricing information, may also amount to disclosure of personal data to the public, which generally requires a proper legal basis. In addition, the Personal Data Protection (Personal Data Collection and Processing) Regulations, 2023 (GN No. 449C of 2023) require that personal data be used only for the purpose for which it was collected. A shift from internal or limited use to public marketing may therefore raise compliance concerns. In the absence of a clear indication that consent was obtained for such use, there may be a basis to challenge the salon’s actions.

The law further provides a remedy where one can lodge a complaint with the Personal Data Protection Commission. Given that such matters often depend on the specific facts, particularly what was communicated at the time the photographs were taken, it is advisable to consult your lawyer for further guidance.