There is nothing quite like the thrill of surprising a loved one on a special occasion. Recently, I set out to serenade a lovely lady on her 40th birthday, on behalf of my client. Her husband, who was away on business, had arranged for my cameo service—a heartfelt serenade accompanied by my guitar, a bouquet of fresh roses and some chocolates. Typically, these moments are heart-warming, often resulting in tears of joy and overflowing gratitude. But this time, the script flipped.

Upon her opening the gate, I began to sing with all my heart, the camera rolling to capture every emotion. Yet, instead of the anticipated joy, I was met with an unexpected reaction. “Do not take a video! You do not have my consent, and I do not want to be in your footage!” she exclaimed, her voice a mix of surprise and indignation.

It was a wake-up call, a reminder of the changing landscape of privacy in our digital world. In the age of social media, where capturing and sharing moments is second nature, we often overlook the significance of consent. And in Zimbabwe, the recent enactment of the Cyber and Data Protection Act Chapter 1207 has introduced strict regulations regarding personal data and privacy, which creatives like myself must heed.

The Cyber and Data Protection Act (Download Here) aims to safeguard personal information, ensuring that individuals have control over their data. As creative professionals, we are often in situations where we capture and share moments that involve others. This new law emphasizes the necessity of obtaining explicit consent before recording or sharing any personal data, including photographs and videos.

Key Aspects to Note
1. Explicit Consent: The Act mandates that individuals must give explicit consent before their data can be collected or processed. For creatives, this means that before hitting record, we must ensure our subjects are fully informed and agreeable to being filmed or photographed.
2. Right to Withdraw Consent: Individuals have the right to withdraw their consent at any time. This means that if someone initially agrees to be filmed, they can change their mind, and we must respect that decision immediately.
3. Data Protection Impact Assessments: For larger projects, creatives are encouraged to conduct data protection impact assessments (DPIAs) to evaluate the potential risks of processing personal data and to mitigate those risks effectively.
4. Secure Data Storage: The law stipulates that personal data must be stored securely. This includes implementing measures to protect data from unauthorized access and breaches, ensuring the privacy of those involved in our projects.
5. Reporting Breaches: In the event of a data breach, creatives are required to report the incident to the relevant authorities within a specified timeframe. This underscores the importance of maintaining strict data management practices.

As artists and content creators, we thrive on storytelling and capturing authentic moments. However, the new law necessitates a paradigm shift in how we approach our work. We must prioritize consent and transparency, not only to comply with legal obligations but also to foster trust and respect within our communities.

My experience at the birthday surprise was a poignant reminder that our art exists within a framework of ethical considerations. Moving forward, I am committed to ensuring that my clients feel safe, respected, and in control of their personal narratives.

In a world where every moment can be captured and shared instantaneously, let us be mindful that behind every frame is a person with rights, feelings, and a story of their own. The essence of creativity should always align with respect for individuality and privacy. After all, the most beautiful moments are those shared willingly, with hearts open and consent given.

So, as I continue my journey in the creative industry, I carry with me a renewed commitment to not just capturing moments, but to honouring the voices and choices of those I seek to celebrate.
That being said, don’t forget to get your bookings in for Valentine’s Day—and of course, I’ll need you to sign my consent form first!

References:
1. The Major Developments in 2024 in Cybersecurity and Data Privacy | Parker Poe
2. Cyber and Data Protection Act [Chapter 12:07]