Users' questions

Can my employer take pictures of me?

Can my employer take pictures of me?

This answer applies only to employment in the United States. Employees in the U.S. have almost no privacy rights in the workplace. Your employer can take your picture without your consent pretty much anywhere in the workplace except for obviously “private” locations such as restrooms and employee dressing rooms.

Can you refuse to be photographed at work?

Generally an employer cannot force you to have your photo taken or displayed and this is something which would often be found in your contract or a policy, to which you would have given your consent. This would really depend on the reasons why they want the photo taken and also your reasons for refusing.

Can someone take a photo of me at work without my permission?

Generally speaking though, for the US, it’s completely legal UNLESS you have some reasonable expectation of privacy that such an intrusion would violate (or state law or company policy). So, if they are photographing you in the bathroom then yes, it’s illegal.

Does GDPR apply to photographs?

As photographs can constitute personal data under the GDPR, this means organizations must be able to quickly and easily remove all images where the individual can be identified. Failure to do so means failure to comply with the GDPR and Article 17, and the fines for breaching compliance can be seriously damaging.

Can you take pictures of coworkers without permission?

Photo permission law allows photographers to take pictures of people in public, although it’s considered good etiquette to ask permission. Co-workers, however, don’t have special privileges that permit them to take photos of colleagues without permission.

Can a employer use a photograph of an employee?

Employers contemplating the use of employee photographs should protect their interests by obtaining consent. The employer doesn’t necessarily have to compensate employees for use of their images; employee consent may indicate the worker’s approval to use her photograph without additional compensation.

Can a company remove a photo of an employee?

Even where the employee has given written consent to comply with the General Data Protection Regulations. employee should still be allowed to withdraw their consent at any time. This may cause a problem where an employee insists on their photograph being removed from the company website or marketing materials.

Is it against the law to post employee pictures?

Publishing employee photos without consent might be against the law. Read on for the reasons why. Smart companies take a holistic approach to their social media marketing efforts.

Can you take a photo of an employee without their consent?

A photo would be classed as ‘personal data’. You are also obliged to gain the employee’s consent if you wish to use the photo for any reason and if you went on to use it without having gained consent, you would be breaching data protection legislation.

Is it legal to use an employee photograph?

While internal use of employee photographs is typically an acceptable practice, some states have laws that prohibit the commercial use of employee likenesses without consent. These laws are usually found in a state’s civil code.

Where can I find a copy of my employee photograph?

High-security workplaces use employee photographs on identification badges; extra copies of employee photographs may be stored in the employee’s personnel file, in case the company needs to make a duplicate badge. Additionally, employee photographs may also be a part of I-9 forms.

Can a company use an employee’s picture in an ad?

In any event, the employer can often get employees to agree to allow it to use their images or likenesses. If it does not get written agreement at some point prior to using the image, an employee may have a cause of action against the employer and the right to sue for damages.

When to post employee pictures on company website?

Employers who take a holistic approach should consider at the outset, that if an employee leaves the company, then the social media and marketing collateral will become obsolete.