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)
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.
My company hired models to use for their website, catalog and social etc but ended up using some of my self. I have now been used in an article, a website and also POS for some stores in the UK. My intention is to leave soon due to a toxic environment and I was wondering what will happen to my image as I’ll be potentially earning money for the company but not receiving anything in return. I haven’t been paid for the extra work like the models it’s not in my contract that my images would be used either. I have kinda okayed it but now it’s getting a bit much and with me leave I want to know if I can ask them to stop using my image when I leave.
MrSmith - 7-Jun-23 @ 7:36 AM
I’m proposing to put together a collage of pictures taken over the years of our employees at work, out on social events, pictures of how our offices have changed over the years etc. They would be displayed on a noticeboard in the reception area. Someone has raised the point about needing individuals permission and I wondered if this would be the case?
Jonno70 - 11-Apr-23 @ 2:12 PM
Hi, my previous employer has posted a promotional video which includes full images, including face. Video shot earlier in the year and they have since made my job role redundant due to COVID-19. I’ve now started working for another company and did not give permission for images of me to be used by previous employer, who are aware that I am employed elsewhere. Can I ask them to take down any images showing myself, I don’t want to be associated with previous employer?
Larry - 13-Oct-20 @ 8:00 PM
Hi, I have emailed my previous for them to take down a video of me on there web page and they refused to do so. what can i do?
Octapockta - 29-Sep-20 @ 12:22 PM
I left my old company in jan 2020 and started with a new company 2 weeks later.my old boss is still putting pics of me up on sites to promote his business.is this right and how do I stop it?
Pam - 19-Jun-20 @ 7:50 AM
Hi, my image is still being used to promote my old company. What can I do to stop this or can I sue them for still using me as a promotional tool on their website. I’ve left the company in June 2019 and it’s still being used to this day! What’s my next move?
No nickname - 2-Mar-20 @ 3:55 PM
Hi, a company i used to work for is using images of myself to promote there holiday park offering and sales of food and beverage and holiday home sales. I hadnt agreed to this. Where do i stand?
Dazzla - 22-Dec-19 @ 11:51 AM
My boss asked us to have photos for the new website, I had told her I wasn't comfortable with this and she tried to force me into it but then let it go. I've recently seen on the website there is a group photo put on which I am in and haven't given consent for this. Where do I stand with this?
My boss is very difficult to approach and is constantly speaking down to staff so I don't want to cause myself more distress.
EAG - 26-Nov-19 @ 10:17 AM
My child has left a school and they are now using an image of him on their website!
I agreed when he was a pupil but not now. Do I have a GDPR case please?
TA - 23-Oct-19 @ 9:02 AM
Hello, a company that I used to work for five years ago has used my photograph without my permission outside the workplace for advertisement. Where do I stand with this?
Boof - 21-Oct-19 @ 4:04 PM
My husband was fired and then his photos were used for propaganda because clients and customers and donors were not happy so they used the photos to promote. We have told them to take them down and they put up more . We billed them for the usage and they refuse topay . What is the next thing to do.
frh60 - 12-Sep-19 @ 3:06 AM
I have discovered that a company has used a photo of me in a document that has been submitted to our local council as part of a planning application. I wasn't even aware that a photo had been taken of me when I attended a consultation session in our local centre. Are they allowed to do this without my permission?
Susie Doll - 26-Aug-19 @ 9:42 AM
I have just had my bathroom cleaned by a cleaning company and was very happy with the job. However when I went online there was a before and after pictures of my shower cubicle. I didn't give permission for this and I am furious. Can they do this?
Anne - 5-Aug-19 @ 6:25 PM
An image of my children has been used in a paid advertising campaign without my permission and used on their website. On the day the photo was taken I went up to the photographer and asked for her to not take photographs of my sons she agreed and walked off. However they have been used by the company. I have now managed to get the photo removed from their website, twitter. The image however is still on the web. Can I sue for damages for the distress this has caused my sons and I.
niknak - 18-Jul-19 @ 11:54 AM
Our company website shows a group photograph that was taken a year ago, six of us are in the picture. One person in the photo has since left of her own accord. (She made a big show of resigning, expecting us to beg her to stay, but we very gladly accepted her resignation!)Now she's demanding we remove the photograph.
Before she left we removed all references to her by name, so nothing on the site links the image to her.The image was created with her consent specifically to use on the site, as she knew at the time. until she resigned this has not been an issue.
I intend organizing a replacement asap but at a time convenient to me, not one dictated out of spite by her. Can she force us to remove it before we might otherwise wish to do so? We're UK based so GDPR applies.
TBird - 2-Jul-19 @ 12:55 PM
A picture of me was taken at a party at new years inside of a venue. This picture has been used to promote the venue on their website, social media and the local community magazine. I was not asked if they could use the image in any capacity. Am I entitled to anything?
G - 14-Jun-19 @ 4:27 PM
I have recently had a builder in to complete a bathroom instalment, it has been 80% completed and he has received full payment for it! I cannot get hold of him to finish the job... I know I shouldn’t have made full payment until the job was completed but this was our first project and let’s say lesson learnt.
The main reason for the post though. I have noticed on his 'Company' Facebook page pictures of my bathroom are now being used as marketing, is this allowed without my consent?
He has not mentioned any form of address or me!
Whitford - 15-May-19 @ 8:23 AM
Our org is asking for a personal photo which they wish to use to have avatar created from
Do we have to comply with this ?
I use my ordinary face picture for most things so people can see what I look like if they are trying to find me for any reason to speak with
But I'm not sure I wish to be turned into a cartoon image of myself
Can I refuse to allow my image to be used in this way ?
Scott - 17-Apr-19 @ 11:31 AM
A few years ago i reluctantly agreed to be interviewed in my home about the street in which i live.
I was adamant no filming/ no photos.
Yet they have used two photos of me in a recent online article and apparently the photo has been syndicated ?
what are my rights?
I am very distressed as i hate having my photo taken and would never agree to it being used. I always avoid having my photo taken.
jj - 16-Apr-19 @ 1:31 PM
What is the legal standing regarding an ex employer using images containing me as part of their marketing / social media?
Photos taken whilst employed there, but now I no longer work for them it seems strange for those images bearing my likeness to be promoting a company that I personally would not promote.
Could a takedown notice or similar be issued? I don't recall signing a release at the time, though I will be endeavouring to check.
MissMystery - 12-Apr-19 @ 5:31 PM
I'm part of a volunteer group in my local area and my son, who started the group, puts photographs on his litter picking social media site to show the amount collected. Yesterday a flyer was pushed through the letter box from a councilor asking for support in the forth coming council elections with a photograph of me on the front page.l consider that outrageous,no one asked permission can they do that ?
anjohn - 11-Apr-19 @ 1:54 PM
HiWe have just seen a company using a photo of our home which is a widebeam barge on an advertising board for there new homes.
I would like to know if they can do this and if not what I can do about it.
I have a photo of the advertising board which feature our home mainly with a few others on too.
apbf1 - 19-Mar-19 @ 1:30 PM
As a street photographer can I use images of the people I photographed on my website or do they need to know about it?
Raquel - 5-Mar-19 @ 10:17 AM
A company I have never worked for are using an image of me on their company website without permission. Is this allowed and what can I do about it.
Shell - 2-Mar-19 @ 7:37 PM
I agreed for my company to use my photo on their web page but last night I went on and all my past working background of where I worked was on there as well also my certificate level which I gained in a past job is this allowed?.
Weeme95 - 12-Jan-19 @ 10:36 AM
I have recently seen an advertisement for a trade organisation in a UK national magazine.One of many photographs features a person who looks like me.The trade organisation have refused to give me a larger copy of the image.They initially assured me that it could not be me because the image came from a trusted third party. I formally asked for a copy of the image and the information about the photographer and the date that the image was made.In their response they told me that they were looking at the wrong image - despite me informing them of its location in the advertisement.They have now told me that they know the name of the person,he is a member of their trade association and they have the name of the photographer.Do I have any rights that can force them to reveal the information that I wish to see? Is there anything that I can do about getting them to reveal more information?A larger photograph might reveal more details that would help me in my identification.
Nico - 11-Dec-18 @ 11:05 PM
My employer has made a sign at the entrance of the building that shows a photoof myself and says my first name i never consented to this and when i raised the issue with upper management they informed me they do not need my consent surely this is against the law. What action should i take to request my image be taken down and destroyed?
Trig - 6-Nov-18 @ 11:42 PM
I worked for an Interior Design company 9 years ago now they started up a development company from it, they used my photo then even though I didn’t work for them and 9 years on if I google my name that picture and job comes up!! I never allowed it and I’ve asked them to take this down but I get no response and it is still there. What can I do? It’s really unfair - how can they get away with this? Any help would be great. Thank you..:
El - 4-Oct-18 @ 12:20 AM
@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