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.