Principle(s):

Whether a breach of ones right to privacy automatically leads to breach of his/her image/personality rights?

Brief facts:

The plaintiff filed this suit claiming that the Defendant used her images in advertising its products on a variety of media of wide circulation without her consent. The material facts are that the Plaintiff was employed by the Defendant as a customer service assistant at its Nansana Annex Station between June 2019 and March 2021. On 17th January 2020, agents of the Defendant took photographs of the Plaintiff dressed in the Defendant’s uniform and holding some of its products. Consequently, the Defendant has used the Plaintiff’s images on the various print and online media advertising it’s products. The plaintiff claims that the Defendant continued to use her images on the said advertising media even after even after her dismissal from employment in March 2021 in total disregard of her demands to stop.

Holding:

The Plaintiff’s photographs in question were taken and used without her consent in breach of the requirements of the Data Protection Act (DPA) 2019 and as a result, the publication of her photograph on various media platforms amounted to a breach of her privacy contrary to sections 7(1) and 10 of the DPA.

A breach of the Plaintiff’s privacy rights in this case led to the breach of her personality rights.