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Do They Have the Right to Use My Photo on Website?

By: Chris Nickson - Updated: 18 Sep 2018 | comments*Discuss
 
Do They Have The Right To Use My Photo On Website?

Q.

I have a very small issue in the scheme of things, but your advice would be welcome.

Do I have the right to refuse the use of my personel picture on the companies Web Site?

(Mr David Richards, 5 September 2008)

A.

This issue touches on a couple of different areas. The first, and most important, is data protection, and the other is your employee contract.

The Data Protection Act 1998 would seem to apply in this instance. They have a policy on the use of images. Under that, the company would need to obtain your consent before they use your photo, and tell you where it will be used and for what purpose.

Having your picture taken for staff ID is one thing, but having them put it online is another. A staff ID picture that gives you access to buildings and offices can only be used for that purpose without your specific consent, and you should be given the choice, as well as being made aware of any security risks. It doesn’t matter whether the picture is used on the Internet or simply on a company Intranet, you still have to give your specific permission. If you don’t want your picture used, the company should respect your choice.

The whole issue of privacy and data protection in images was highlighted recently when Google announced it was adding Street View photos to its Google Maps. This involves taking pictures on streets, which include cars and people. There has been a debate regarding the use of these pictures without consent, and Google will blur the faces and number plates in order that none of them can be recognised in order to comply with the Data Protection Act.

However, and it can be a big however, there’s also the issue of employee contracts to consider.

Employee contracts – and all employees should have one, even if it’s just very basic – cover the terms of employment. It might be a contract, it might be a handbook, it can even be a verbal agreement. You’ll need to read that carefully to see if you’ve given the company the right to use your photo on their web site. If it’s in there, then, by signing the contract, you’ve given them the right to use the picture. If it’s not in the employee contract, then they’ll need your permission to comply with the Data Protection Act.

This might seem a small matter, but it isn’t. Privacy and data protection, especially breaches of it, have been in the news a lot lately, and need to be taken very seriously indeed.

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[Add a Comment]
@Tammie - absolutely you can. The company have to take down your image if you request it.
AiD - 18-Sep-18 @ 2:37 PM
Hi there I’ve recently left my employment We had photo taken in feb this year for the web page I did sign to they could use my image Now that I’ve been gone for 3 months I’ve noticed that they have my photo on there web site promoting the business but I was not contacted & asked if they could use them can I demand that they remove my image as I don’t work for the company any more along with 3 othergirls that are also in the image
Tammie - 18-Sep-18 @ 4:39 AM
Hi, I’m need of some advice. Is it legal for a company I worked for but no longer do to still continue to have my name upon their website? They appear to be marketing themselves as having me there to carry out work however I am definitely not working there any longer? Does this fall under false misrepresentation laws? Your advice much appreciated many thanks.
Scoops - 11-Sep-18 @ 10:48 AM
@Halcyon - you would have to request permission for the building/company owners first.
AidB - 4-Sep-18 @ 11:07 AM
Can a double glazing company use photo’s of their installations at my mothers house in digital marketing being displayed in an estate agents, they’ve not asked her consent at all, thank you,
Malibu - 3-Sep-18 @ 5:04 PM
Hi, We service a number of clients in a city and would like to use some images only of the buildings from the clients own websites within our own website. Could you please confirm the procedure. Thank you.
Halcyon - 30-Aug-18 @ 4:39 PM
What if you have left the company and have asked for the pictures to be removed and they haven't months on?
Sarah - 19-Aug-18 @ 11:18 AM
i have a business website and my landlord has taken a photo from my website to use in their nationally circulated magazine without asking for my permission is this illegal
kirkfell - 29-Jul-18 @ 10:51 AM
Hello, i use to work for a company as self employed and I have some pictures that I want to use for my website, is it legal?we never had any contract... thank you!
folbalistu - 20-Jul-18 @ 10:02 PM
Hanban - Your Question:
Hi I need your advice please. Previously worked for a company and employment there was terminated. Months later they have now posted a photo on social media without asking any permission. Is this legal?

Our Response:
If you do not approve, you can request the company removes it.
YourPrivacy - 3-Jul-18 @ 2:07 PM
@Stacy - if you ask them to take it down they are obliged to.
MN - 3-Jul-18 @ 1:39 PM
Hi I need your advice please. Previously worked for a company and employment there was terminated. Months later they have now posted a photo on social media without asking any permission. Is this legal?
Hanban - 3-Jul-18 @ 12:18 PM
Hi, I live in a low cost housing rental and the company that owns it has used my picture with my son and my sister on their website , so the first thing you would see is our picture on this website. Firstly I was ambushed into them taking these pics of us because it was early on a Saturday morning and we we're on our way out so to get them off our necks we let them take a few pics and the guy was like "oh these pics would not be used in South Africa its for abroad promotion" and then we were done and a few month s go by and people keep asking me what my picture is doing on this website and I feel like my privacy had been invaded because I didn't ask for this and I certainly did not get paid for it either. What can I do about this?
Stacy - 2-Jul-18 @ 10:05 PM
@Bedders - just ask them to take it down. Only if they refuse can you complain to the ICO.
Tom - 11-May-18 @ 2:57 PM
Hi Can a builder publish pictures of the inside of my house without permission. Many thanks for any feedback you can offer.
Bedders - 7-May-18 @ 9:52 PM
I am private on Instagram and put up a photo of me at my workplace, a follower then screenshot it and sent it to my employer,is this legal? .
monty - 27-Apr-18 @ 2:40 PM
debzil - Your Question:
Hello,Need advice urgently! My neighbour has installed real cctv cameras on her house, 2 at the front facing at my vehicle parked on the street, the other in rear garden viewing my 10 & 11yr old kids on trampoline. I don't fully believe she is using this for home security as we live in a low risk area for crime, never any trouble or police etc. I have caught her numerous times peeping through her upstairs blinds then quickly shuts them. She seems to have an unhealthy interest in the coming and goings of my family.We have a legal boundary dispute going on between us at the moment so I think she has done this to harass us. Does anybody know where I stand with this as I feel like she has these cameras not solely for security. Feels like our daily lives are being watched. I would also like to know how I can get somebody to run some checks on her background as she lives alone and her behaviour is weird, (the sort that likes to scream through letterbox and bang on door making threats and makes lies up.Any advice greatly appreciated!

Our Response:
With regards to the law, you are covered by the Human Rights Act under your rights to privacy. Article 8 of the Act entitled “The Right to Respect for Private and Family Life, Home and Correspondence, means from what you have said you would have recourse to complain. In the first instance, it may be best to speak to your neighbour politely, explain the situation to them and request that they make certain modifications to the CCTV system so that it does not infringe on your privacy. If your neighbour refuses, you can contact your local police force to come out to investigate. They would obviously need to be satisfied that the installation was basically causing harassment/voyeurism, before any action can be taken. You can see more via the link here , which fully outlines your privacy rights. .
YourPrivacy - 24-Apr-18 @ 9:50 AM
hello, Need advice urgently! My neighbour has installed real cctv cameras on her house, 2 at the front facing at my vehicle parked on the street, the other in rear garden viewing my 10 & 11yr old kids on trampoline.I don't fully believe she is using this for home security as we live in a low risk area for crime, never any trouble or police etc.I have caught her numerous times peeping through her upstairs blinds then quickly shuts them.She seems to have an unhealthy interest in the coming and goings of my family. We have a legal boundary dispute going on between us at the moment so I think she has done this to harass us.Does anybody know where I stand with this as I feel like she has these cameras not solely for security.Feels like our daily lives are being watched.I would also like to know how I can get somebody to run some checks on her background as she lives alone and her behaviour is weird, (the sort that likes to scream through letterbox and bang on door making threats and makes lies up. Any advice greatly appreciated!
debzil - 23-Apr-18 @ 4:09 PM
AG - Your Question:
Hello,Recently I visited a local shop to buy some stuff. I wasn't aware that they were photographing on the day and they took my picture without consent and now they are using that video on facebook. Are they allowed to do that? Can I sue them?

Our Response:
You can certainly ask them to take it down and if they don't you can then take the matter further.
YourPrivacy - 10-Apr-18 @ 11:47 AM
Hello, Recently I visited a local shop to buy some stuff. I wasn't aware that they were photographing on the day and they took my picture without consent and now they are using that video on facebook. Are they allowed to do that? Can I sue them?
AG - 9-Apr-18 @ 6:00 PM
Hi, I used to work for a company just over a year ago since I left. They took down an individual photo they had of me from their website but they still have a group photograph with me included that is still on their website and also I believe it has been posted on Facebook more than a few times. Do I have a legal right to ask them to Rome the group photograph? I mentioned the day of the photo shoot that I’d really rather not have my photo taken. At that point I was told I had no choice and that everyone else had to. Yet I got home later that evening to check my contract to find there was no such thing listed in there. What are my rights here? Many Thanks
Benny&thejetz - 31-Mar-18 @ 8:05 PM
Hi, I changed company but I still have the ID photo made by the professinal photographer paied by the former employer (only face is shown no bar code or company brand) that used for badge and intranet website. Can I use that pic for my CV and social media? Thanks Michele
mikethekite - 25-Feb-18 @ 10:08 AM
Wonder if you can help me..I’ve had a picture used of me from someone I don’t know saving it on their phone after I elteef it last year? The photo went viral on social media and racial abuse, death threats and general threatening comments occurred! I’ve traced who originally posted it? Can I sue?
Josie - 29-Jan-18 @ 7:59 PM
A photo we took on holiday & enterered for a competion is now being used to advertise the hotel on instagram ...this cant be right??
Susie - 27-Jan-18 @ 9:12 PM
@Sevywood - once you've left the company, then company should take down the photo. You should write to your employer and asked that it is removed. You can certainly try and seek payment, I imagine they'll take the image down immediately as soon as you do that. LOL.
Rache - 25-Jan-18 @ 2:49 PM
Hi I resigned 2 months ago from a company that i had previously worked for over 20 years. During this time my image was used to advertise the company services. Ive checked the web site and seen my image is still being used for advertising purposes This is a large world wide company. What are my rights to asking for it to be removed. Can i seek renumeration if it is not removed. Thank you
Sevywood - 23-Jan-18 @ 8:37 PM
An ex employer of mine asked me to do some videos to put on their web site. They were "how to" videos showing people how to install, service or use their products. I didn't sign any sort of agreement to allow them to do this but at the time I thought it would help the company as well as me (by avoiding unnecessary phone calls asking for help) I left the company 2 years ago but they still have the videos on their web site. Do I have any rights regarding this case for example. 1. can i request them to stop using the videos. 2. Can i request payments to allow them to continue to use them. 3. Can i get any written agreements to control the way they are used. For example if i die can they continue to use the videos or is there something in law that says they would have to stop using them. 4. Who actually owns the rights to them? Thank you
The Doc - 15-Nov-17 @ 2:34 PM
Hi, is my employer allowed to put my full name on the company website and where I've previously worked. There is nothing in my contract for this
Frenzied - 26-Oct-17 @ 12:54 PM
Hello I am disabled with a brain injury amongst other things from a car crash. Six years ago I moved into a new property but knew right away things didn't feel right. My neighbour has admitted to police that I do not belong here and they have been on my case from the start. They have made so many false allegations about me I've lost count. They also call the police and demand they come out but nothing has happened. A couple of years ago they admitted they wanted to install cctv to watch me because of their paranoid feelings toward me I guess. They have one camera trained on my private front garden and only entrance and monitor 24/7. When I first pointed this out to police,the police actually lied for them saying the camera did not do what I claimed. I do not leave my house because I am not happy what might happen and what they will do with their images of me.A year later it was found I was 100% right and the officer had a telling off but the police said they were unable to get him to say why he did it so rather than lie, he had misled? The police claim they cannot stop them filming me but the camera clearly has no effect on either their safety or security in any way. I also have firm evidence that the neighbour stores my images despite the police saying they are not interested in them. The police refuse to discuss the matter further now. I am unable to work and have only my accident money to live on and cannot afford a lawyer. One said it would cost in excess of three thousand just to deal with the camera and it might not still be successful. Please can anyone help me?
grim - 23-Sep-17 @ 2:55 PM
We live in a very quiet cul de sac and my neighbour has a 24 hour dash cam on his car which has an infra red facility.This camera looks directly on my lounge and is a mere approx 12 feet away.Does he have the right to film us like this?
Worried - 26-Aug-17 @ 3:21 AM
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