In a landmark ruling, the Personal Data Protection Commission (PDPC) of Tanzania has issued a stern warning to businesses and individuals regarding the unlawful use of personal data, especially that of minors, for commercial gain. The case,Nyangoma Mwesingwa v. Cecilia Maliganya, demonstrates the significant legal and financial consequences of ignoring data privacy rights.
The Facts of the Case
The complaint was filed by Nyangoma Mwesingwa after she discovered a photo of her newborn child on the Instagram account of Cecilia Maliganya, a seller of maternal and child products. The image, which had gone viral with over 1,114 shares, 857 likes, and 32 comments, was captioned for a business purpose. Nyangoma and her family repeatedly asked Cecilia to remove the photo, but she refused.
The Commission’s Findings
The PDPC determined that a photograph is “personal data” and that an image of a child is “sensitive personal data”. The Commission found that Cecilia’s refusal to remove the image, even after being asked, was a clear violation of the data subject’s right to erasure. The ruling underscored that using a minor’s images to “enhance engagement and visibility” for a business constitutes commercial exploitation, violating both the PDPA and the child’s rights to dignity and privacy.
The Final Orders
Based on its findings, the Commission ordered Cecilia Maliganya to take the following actions:
- Pay the complainant a monetary compensation of TZS 20,000,000/= as general damages.
- Pay a fine of TZS 5,000,000/= to the PDPC for violating the provisions of the PDPA.
- Delete all photos of the child from her Instagram account and any other media platforms within 14 days of the order.
This case sets a clear precedent: a person’s initial decision to post a photo on social media does not grant others the right to use that image for commercial purposes without explicit consent, especially when it involves a minor.
For more reach out to the author Mr. Sunday Ndamugoba at sunday@rive.co.tz or ask@rive.co.tz