By Tendai Chisiri
It is with great concern that Postal and Telecommunications Regulatory of Zimbabwe (POTRAZ)shall take appropriate regulatory action to ensure a high standard of data protection for all citizens.
POTRAZ as the Designated Data Protection Authority of Zimbabwe has noted the increasing number of incidents of collection, sharing, distribution and or broadcasting of intimate images or videos without the consent of the person whose intimate images or videos would have been shared.
In a public notice, POTRAZ advice members of the public that intimate images and videos form part of personal information which is categorised as sensitive data under the Cyber and Data Protection Act [Chapter 12:07].
The Act prohibits the collection, sharing and distribution of sensitive data without the consent of the data subject. Many know this as revenge pornography.
It is whereby lovers took intimate images and videos of themselves. However in some cases when they split up, the one mostly affected ends up revenging by sending their ex-partner’s intimate images and videos to the public.
As the intimate images and videos were taken with both parts having consented, so there must consent of both for the videos to kept, shared or be distributed.
Dr Gift Machengete, POTRAZ director general advises of the Cyber and Data Protection Act [Chapter 12:07], as read with Section 164E of Criminal Law Codification Act [Chapter 9:07] prohibits the collection, transfer, sharing and or broadcasting of intimate images and or videos without the consent of the person concerned.
“The law seeks to curb the humiliation and embarrassment of persons whose intimate images and or videos would have been shared”.
” It also empowers citizens to have control over the processing of their personal information. This is in line with the fundamental rights to human dignity and to right to privacy as enshrined in the Constitution of Zimbabwe in Section 51& 57 respectively,” says Dr Machengete.
Furthermore, POTRAZ general director advises that those who continue to collect, share, distribute and or broadcast intimate images and or videos without the consent of the data subject of the images and or videos shall be liable for a period of five years or a fine up to level ten or both such fine and such imprisonment.
Dr Machengete reiterated that members of the public are strongly advised against the collection, sharing or distribution and or broadcasting sensitive personal information, including any intimate images and or videos of any person without the consent of the data subject.
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