Images of employees: EU legislation

Wang Computer

Wang Computer

Wang Computer

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Joined
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Calling any legal experts out there as I wouldn't know where to begin looking...

At work, we often print out images of people for various things like illustration of metrics and task delegation. However one individual has decided that they're not thrilled with their company mugshot and has destroyed all the printed examples at some point.

Now that's fine, but another one of the jobsworths that I work with then chimed in and stated that 'under EU law they have permission to remove any usage of their likeness'. Upon quizzing him he could only provide anecdotal evidence for this.

Is this true or is he talking nonsense?
 
I've always thought you were well within your rights to request your image not be used without your permission?
 
By company mug shot do you mean the photocopy of their bottom from last years Christmas do?

I don't think there is anything wrong with using photographs at work, you cant remember everyones name, its probably easier to say "get that big ugly ginger one on the wall over there to do it"
 
Wang Computer said:
Ha, no... It's not that sort of company.

It's the same photo that appears on one's ID badge. Strangely enough, the one that must be on display at all times.

Anyway, it did sound like rubbish to me!
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yeah it is a load of rubbish, it sounds like somebody is just insecure about their ugly face and the guy that likes to quote EU laws is a douche.
 
No, not EU law but it is, in fact, contrary to UK legislation - specifically the Data Protection Act. The EU side might come into play in terms of the Human Rights Act but that is a little more tenuous.

Under the terms of DPA, a photograph would be considered "personal data" and should only be used for the purpose for which it was intended. From what you are saying, photographs taken for ID cards have been used for marketing materials. Unless the individuals concerned have provided their express consent, the company is in breach of DPA. That said, the employee does not have the right to take matters into their own hands and destroy any property bearing their image.
 
tom_e said:
I've always thought you were well within your rights to request your image not be used without your permission?
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You can request whatever you like but your photo can be taken and sed or many thins including commercial sales without your permission. Otherwise te paparazzi wouldn't exist and ewes papers would be very dull.
 
D.P. said:
You can request whatever you like but your photo can be taken and sed or many thins including commercial sales without your permission. Otherwise te paparazzi wouldn't exist and ewes papers would be very dull.
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You can't take a photo of me and then stick it on your product. When things are being commercialised, you do get some control.
 
D.P. said:
You can request whatever you like but your photo can be taken and sed or many thins including commercial sales without your permission. Otherwise te paparazzi wouldn't exist and ewes papers would be very dull.
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AFAIK that's only in a public place?

I bet commercial rights is stretching it a bit as well I doubt you could go take a photo of some famous person and stick their face on mugs/tshirts and sell them without permissions or use them to promote your company
 
PMKeates said:
You can't take a photo of me and then stick it on your product. When things are being commercialised, you do get some control.
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No, but I can sell it to a newspaper or sell it on a website or make a print and frame it and then sell it.
 
arknor said:
AFAIK that's only in a public place?

I bet commercial rights is stretching it a bit as well I doubt you could go take a photo of some famous person and stick their face on mugs/tshirts and sell them without permissions or use them to promote your company
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Of course there are usage terms and of course that is on public property.
 
DanielMMS said:
No, not EU law but it is, in fact, contrary to UK legislation - specifically the Data Protection Act. The EU side might come into play in terms of the Human Rights Act but that is a little more tenuous.

Under the terms of DPA, a photograph would be considered "personal data" and should only be used for the purpose for which it was intended. From what you are saying, photographs taken for ID cards have been used for marketing materials. Unless the individuals concerned have provided their express consent, the company is in breach of DPA. That said, the employee does not have the right to take matters into their own hands and destroy any property bearing their image.
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Interesting...

The photographs are only used for internal resources. HR take an employee's photograph on their first day ostensibly for ID badge purposes. However the images are used for other purposes such a Microsoft domain accounts (Exchange, Lync) and Confluence. This was just an extension of that, I guess...
 
Wang Computer said:
Interesting...

The photographs are only used for internal resources. HR take an employee's photograph on their first day ostensibly for ID badge purposes. However the images are used for other purposes such a Microsoft domain accounts (Exchange, Lync) and Confluence. This was just an extension of that, I guess...
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That makes things potentially a little more grey but it will still come down to the original purpose for which the photograph was taken and whether consent has been granted. That said, if use is purely internal then it sounds like they are simply being an arse and the ICO would be less than interested.
 
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