Trainer shared workout videos without consent

I recently joined a fitness program at a local gym. During one of the sessions, the trainer recorded videos of me and other clients while we were exercising. Later, I discovered that he had posted these clips on his business social media page to promote his services, without asking for our permission. Some of the videos are embarrassing and have attracted unwanted comments online, including body shaming. Can I sue him for sharing these private moments? Does the fact that he was contracted to run the training sessions affect my case? What does Tanzanian law say about posting videos taken in such settings without consent?

AJ, Dar es Salaam

Your gym instructor can get into serious problems as your concern is valid, and highlights the growing tension between privacy rights and social media exposure. The Personal Data Protection Act, Cap. 44 [R.E. 2023] restricts the disclosure of personal data without consent, particularly when the material is used for purposes other than its intended use. Section 3 of the Act defines personal data as any information recorded in any form that can be used to identify a specific individual. This includes physical traits, names, and images. Videos or photos of you exercising qualify as personal data because they capture identifiable individuals.

In this case, the trainer collected or received those videos as part of his role at the gym. Under the Act, he may be considered a data controller, meaning he determines the purpose and means of processing personal data. Section 60 of the Act makes it an offence for a data controller to disclose personal data in a manner incompatible with the purpose for which it was collected. The videos were taken during a workout session, presumably for training or internal use, not for public commercial promotion. Posting them online without your consent therefore constitutes unlawful disclosure.

Additionally, Article 16 of the Constitution of the United Republic of Tanzania, 1977, guarantees every individual the right to privacy and personal security. While privacy rights may be limited in public spaces, Courts have recognised that unauthorised distribution of personal images for publicity or commercial gain can breach constitutional rights. The fact that the trainer was contracted to run the sessions does not exempt liability unless the contract explicitly authorised commercial sharing of participants’ images with their consent. Hence always read and documents you sign!

In short, yes, you can take legal action and to teach others a lesson should seriously consider doing so. The first step would be to issue a demand for the videos to be taken down. If ignored, you may file a complaint with the Personal Data Protection Commission, which is the primary body for handling privacy and data protection violations. Only after exhausting remedies there can you escalate the matter to the Courts. Your lawyer can guide you further.

Spouse prefers to live apart due to work schedule

I love my wife, but our work schedules are completely opposite. She works night shifts while I work during the day, and it has become very difficult for us to live peacefully in the same home. I was told that under Tanzanian law, married couples can agree to live apart without divorcing. Is this true?

BN, Dodoma

Yes, Tanzanian law allows spouses to live apart while remaining married. Section 67 of the Law of Marriage Act [Cap. 29 R.E. 2023] provides that a married couple may, by written agreement signed by both parties, agree to live apart. Such an agreement can also include provisions on maintenance, matrimonial property, and custody of children. Once signed, the agreement is valid and enforceable by the Courts. However, the law also empowers the Court to vary or set aside the agreement if circumstances materially change or if the arrangements are not in the best interests of the children. This ensures that the welfare of the family is protected even when spouses choose to live separately.

You should consult your lawyer to draft the agreement properly and ensure that both parties’ rights and obligations are safeguarded under the Act.

Missed conference due to flight delay

I am a resident of Mwanza and had booked a local airline to fly to Dar es Salaam where I was scheduled to attend an important international conference. Unfortunately, the airline delayed the flight for several hours without prior notice, and by the time I arrived in Dar es Salaam, the conference had already started and I missed my presentation slot. Do I have any rights against the airline for this inconvenience?

KD, Mwanza

We are sorry to hear about the inconvenience you experienced. Under Tanzanian law, your rights as a passenger are protected by the Civil Aviation (Carriage by Air) Regulations, 2024 (G.N. No. 4 of 2024). Regulation 24 specifically provides remedies in cases of cancellation, delay, or denied boarding. Where a flight is cancelled or significantly delayed without prior notice, the airline is required to offer passengers reimbursement of the full cost of the ticket within 7 days for the part of the journey not made, or for the part already made if the flight no longer serves its original purpose.

In your situation, the delay prevented you from reaching Dar es Salaam in time for your international conference. This means the flight no longer served its intended purpose, and you may be entitled to reimbursement under the Regulations. The first step is to review the terms and conditions of your ticket, which may contain additional provisions. Thereafter you may contact the airline and if the airline fails to comply, you may escalate the matter to the Tanzania Civil Aviation Authority (TCAA), the regulator responsible for ensuring that airlines uphold passenger rights. Consult your lawyer for further guidance.