Best man pictures posted on Instagram

I recently served as the best man at my close friend’s wedding. A few days after the reception, the bride and groom posted several photographs from the wedding on their Instagram page, including photographs in which I appear. They did not seek my consent before posting the photographs. A friend has informed me that I can file a complaint with the Personal Data Protection Commission (PDPC/Commission) and claim compensation because he successfully lodged a complaint after a master of ceremonies posted his photograph on a commercial social media page without permission. Do I have a valid complaint and am I likely to succeed?
BK, Arusha

The answer to your question depends largely on the circumstances under which the photographs were taken and the purpose for which they were later used. Under the Personal Data Protection Act [Cap. 44 R.E. 2023] (the Act), a photograph that can identify an individual constitutes personal data. The Act requires personal data to be processed lawfully, fairly and for a legitimate purpose.

However, not every publication of a photograph automatically amounts to a violation of the Act. A distinction may be drawn between the use of an individual’s image for commercial or promotional purposes and the sharing of photographs in a purely personal or social context. In the circumstances described, the photographs appear to have been posted by the bride and groom on their personal social media page to share memories of their wedding with friends and family. As a best man, your presence at the wedding and in the accompanying photographs would ordinarily be expected, and such publication may be viewed as incidental to the event itself rather than a commercial exploitation of your image.

This may differ from a situation where a business, service provider or public personality uses a person’s image to advertise, market or promote goods, services or commercial activities. In such cases, the publication is more likely to constitute processing of personal data for commercial purposes, which may require a clearer legal basis, including consent in appropriate circumstances.
While any person who believes their rights under the Act have been infringed may lodge a complaint with the Commission, the mere fact that another individual succeeded in a separate complaint does not necessarily mean that a similar outcome would follow in your case. The Commission will consider the specific facts, including the nature of the relationship between the parties, the context of the publication, the purpose of the post and whether any harm or prejudice has been suffered. On the facts as presented, there may be challenges in establishing that the publication of the photographs by the bride and groom in a personal social context amounts to an actionable breach of the Act. You may consult your lawyer for further guidance.