Morogoro. Wishing someone a happy birthday on social media without their permission has now been classified as a legal offense under Tanzania’s Data Protection Act, No. 11 of 2022.
According to the Data Protection Commission (DPC), anyone found guilty of posting a birthday wish without consent could face a fine of up to Sh100 million or imprisonment, depending on the court's decision.
In a recent workshop organized for media editors by the Personal Data Protection Commission (PDPC), Stephen Wangwe, the Director of Registration and Compliance at PDPC, highlighted that the law prohibits the publication or sharing of a person’s birthdate on social media without their consent.
“If someone posts a birthday wish on social media after learning the individual’s birthdate from an employment file or any other source, without the person’s consent, they are in violation of the law,” explained Wangwe.
According to Wangwe, when such complaints are filed, the commission will investigate the matter.
If it is determined that the birthday was shared without permission, the commission will take action as outlined in sections 47 to 58 of the Data Protection Act.
He further emphasized that the case would be taken to court, where the offender could face a fine of up to 100 million shillings or imprisonment, depending on the severity of the violation.
Additionally, if an employer or Human Resources officer is found to have shared an employee's birthdate from an employment file without consent, they too could be held accountable.
Wangwe also raised concerns about social media platforms potentially violating the law by automatically displaying users' birthdates without their explicit permission.
He advised users to be cautious when registering for accounts and ensure their birthdate does not get publicly shared.
The new law has sparked a conversation about privacy and the protection of personal information.
Many citizens have expressed surprise at the implications of the law, particularly regarding the sharing of birthdates on social media.
For some, wishing someone a happy birthday online is a common practice, but under the new regulation, it now constitutes an offense if done without consent.
Remy Yasinti, a resident of Nane Nane in Morogoro Municipality, admitted that he was unaware of the law but now understands its importance.
“Not everyone wants their age or birthdate to be public. It can be frustrating when someone posts a picture of you or wishes you a happy birthday without your consent, especially since age is a private matter,” said Yasinti.
He continued, “In some cases, social media platforms automatically wish users a happy birthday without permission. This is a clear violation of privacy. When I provide my birthdate during account registration, it should remain private between me and the platform. Announcing my birthday to the public without my consent is wrong.”
Shani Shariff, another citizen, expressed mixed feelings about the law.
While she understands the purpose of data protection, she does not see an issue with posting a birthday message for someone if the correct date is known.
“However, if someone posts false information or digs through someone’s files to find their birthdate, that would be a violation,” Shariff said.
She also pointed out that some people who complain about their birthdate being posted online may be the same individuals who share their birthday details publicly every year.
“In such cases, how can it be an issue if someone else posts about it?” she questioned.
