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?
Why your photo counts as personal data
Under UK data protection law, a photograph of you is personal data if someone could recognise you from it. The UK GDPR and Data Protection Act 2018 protect this information in the same way they protect your name, address or date of birth.
This means any organisation wanting to put your photo on their website needs to follow data protection rules. They cannot upload an image of you just because they happen to have one.
The law applies regardless of who took the photograph or the circumstances. It makes no difference whether the image came from a professional shoot, a company event, your personnel file, or a casual snapshot at a work function. Once an organisation wants to publish it online, the same protections apply.
Organisations often rely on consent for using your photo, but other legal bases may apply depending on the context. These include legitimate interests, contractual necessity, or legal obligations. For many workplace and commercial uses, consent remains common because it provides clear evidence that you agreed.
It is also worth noting that copyright law operates separately from data protection. The photographer typically owns the copyright to an image, which can affect how it may be used and distributed regardless of consent or personal data considerations.
Image and Photo Use Rights Checker (UK)
Someone has used your photo (or your child's) on a website, social media or marketing and you are not sure what your rights are. Answer a few questions and we will explain the position and what to do.
Try our Image and Photo Use Rights Checker (UK) free, here on this site →What counts as valid consent
Consent under UK data protection law has to meet specific standards. A vague agreement or a clause buried in a contract will not usually be enough.
For consent to be valid, it must be:
- Freely given: you should not feel pressured or obligated to agree. Making consent a condition of employment or receiving a service will usually invalidate it.
- Specific: you need to know exactly where and how the photo will be used. A general statement about marketing purposes is not enough.
- Informed: the organisation must explain clearly what they plan to do with the image before you agree.
- Unambiguous: there should be a clear action showing you agree, such as ticking a box or signing a form. Silence or pre-ticked boxes do not count.
You also have the right to withdraw consent at any time. If you change your mind, the organisation should remove your photo without penalising you or making the process difficult. They may need reasonable time to action this, but they cannot refuse or charge you for it.
Separate consent is needed for different purposes. Agreeing to have your photo in an internal staff directory does not mean you have agreed to appear on the company website or in promotional materials. Each distinct use requires its own permission.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
When organisations might use your photo without consent
Consent is a common basis for publishing photos on websites, but it is not the only one. In some situations, an organisation may rely on a different lawful basis under data protection law.
Legitimate interests is one alternative. An organisation might claim they have a genuine business reason for using the photo that does not override your rights. The critical factor is the balancing of the organisation's interests against your own rights and freedoms. The organisation would need to carry out this balancing test and be able to demonstrate their reasoning if challenged.
Public interest, journalistic, artistic, literary, or academic purposes may also apply in limited circumstances. News reporting, for example, can sometimes justify using photographs without consent where there is a genuine public interest in the story. Artistic projects or academic research may benefit from similar exemptions. These provisions do not give organisations a blanket right to use any photo they like, but they do create some exceptions.
Photos taken in genuinely public settings can be more complicated. Street photography or images of crowds at public events may not always require individual consent, depending on the context and how the photo is used. However, if an organisation then uses such an image to promote a product or service, your rights may still apply.
If an organisation claims they do not need your consent, they should be able to explain their lawful basis clearly. You can ask them to set this out in writing.
What to do if your photo is used without permission
If you find your photograph on a website and you did not agree to it being there, you have options.
Start by contacting the organisation directly. Put your request in writing, whether by email or letter, and keep a copy. Be specific about which image you mean, where it appears, and what you want them to do. State clearly that you are making a request under UK data protection law. Many cases are resolved at this stage without further action.
Under UK GDPR, you may have the right to request erasure of your personal data in certain circumstances, though this is not an absolute right. It may depend on conditions such as whether the data is still necessary for the purposes for which it was collected. If you never gave consent, or if you have withdrawn it, the organisation may need to remove the image depending on the circumstances. They should respond to your request within one month.
If the organisation refuses to remove your photo, or ignores your request, you can complain to the Information Commissioner's Office. The ICO is the UK's data protection regulator and can investigate complaints about how organisations handle personal data. You can submit a complaint through their website at ico.org.uk.
Before the ICO will usually get involved, they expect you to have raised the matter with the organisation first and given them a chance to respond. Keep records of your correspondence in case you need to show what steps you took.
In more serious cases, or where you have suffered distress or financial loss, you may be able to claim compensation. This might require legal advice, and you should consider whether the matter justifies that step.
The ICO website has detailed guidance on your rights and how to make a complaint. GOV.UK also provides information on data protection rights for individuals.
Thanks
Carl
My boss is very difficult to approach and is constantly speaking down to staff so I don't want to cause myself more distress.
I agreed when he was a pupil but not now. Do I have a GDPR case please?
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.
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!
Thank You
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 ?
Thank you
_scott
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.
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.
Thank you
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.
Thank you
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 other girls that are also in the image
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.
is this illegal
Can a builder publish pictures of the inside of my house without permission.
Many thanks for any feedback you can offer.
.
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!
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?
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
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
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
have cameras on their house. Their house is the last house in the cul de sac
Their latest camera moves and pans the street , it films the houses opposite and the comings and goings of their family , friends etc. Another camera points across my land and films me and my visitors and other neighbours.
We are all at a loss to understand why these neighbours feel the need to have these cameras as well as the numerous lights that illuminbate the house. I can stand on my drive and their flood lights come and I believe I am being filmed.
What can be done about the cameras and the filming?
I recently joined a weight loss program and at the start photos were taken for a 'Before and after' comparison.
After leaving the gym, I have gone onto the website to find that they are using my before and after photos for advertising with a false statement I never made.
Is this legal? I have requested that they take it down but am upset that they would do this without my permission in the first place.
Thanks
My ex employer still have my photos from a business event from 2 years ago on the business website. The event and purpose is finished but I think the business is using it as marketing. Photos can be found publicly on google as well as my name. I have not signed a consent form so do i have the right to e-mail the small business to ask them to remove my photo and name? and what to do if they ignore my e-mail?
We recently had a mum post a negative review where she also posted a photo and the name of an employee.
Naturally this has caused upset, and even though a full investigation (cctv too) showed no wrong doing, the customer won't remove the staffs name and photo.
Isnt this defamation? We have reported this to google but been advised they won't 'mediate' or remove. Can you advise please as this leaves everyone deflated and feeling like they have done wrong when clearly it's not the case. There is a lot about trolls, bullying, but when this affects your prospects and place of work, this is hard to tolerate. Thank you so much in advance.
Thanks,
I worked for an estate agency and a month after I have left the company my photo and name is still being used on their website.
What can I do to get it removed?
I did not agree for it to be used in a new App. to be rolled out across the network where in the area i work, possibly, 50,000 people i don't know will have access to my details .
The company cannot & will not guarantee that any of thier customers will not use my details for Malicious purposes i.e trolling etc.
Since i have refused to sign the company have not given me any work & told me if i sign i will get work back, which has cost me over my notice period which ends today as i will start a new job as off Monday.
I would be most interested in the outcome of your email Phil as i would also be looking to take legal action against thecompany & thier Bullying & Intimidating actions.
Joint action might be a course to think about here ;-).
Hope for a good outcome.
Greg
Since being "Stood down" ( they used the excuse that there is no work for me....but every morning im told sign & the work is there!!) I have earned no money .....I am viewing this as Bullying & Intimidation & think certain rights have been breached....any advice would be very helpful.
My face appears on my previous companys brouchure which is also on their website.
As i do not want to appear on the website / brochure as i do not work for them anymore i asked them to remove it several times,they have not replied to me so i need to know who i can contact to help me out, i never agreed to use my image as was told it was for showing the product we sold.
A property near us is trying to get planning permission for a block of flats and has employed a company to put forward their planning proposal.
In this document which is now live on a council website they have included pictures of our property and pictures of our vehicles without blurring the registration plates.
Is this allowed?
Many thanks
Ive just read the article on consent to pictures being used for work related web pages. I wonder if the same advice is true if we are being told that our images are to be used within a printed media (ie magazine/newsletter etc etc). Ive been told that if I dont have my photo taken, they will simply use the one they have for my security pass. Is this legal?
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