I recently shopped at a large international clothes store with a premises in the UK. When I bought some clothes I was asked by an employee if she could take my photo for Research purposes as Head Office had asked for photos of this specific stores customers, I assumed that to be true. I agreed. The next day my photo was published on facebook on someones private account, someone I knew, knew the person who posted and showed me, It was there without any consent from myself. And while some of the comments are flattering the context and some of the comments are just plain creepy. Where do I stand!? I am not happy about this. Do you think I could get a free three piece suit out of the company for this blatant misuse!?
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For a situation like this you are better off consulting a legal expert in your area than relying on advise from the Internet. Where I am there is not a lot of recourse. You were on private property and there is an implied consent. I would start first by contacting the company and asking them to remove the picture. Starting the conversation by trying to solve the problem rather than being confrontational will usually work better. |
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As I understand it (as a photographer, not a lawyer), if the photographer has the permission of the landowner to take a photo, they can; However, I would ave thought that under data protection legislation, your personally identifiable information can only be used for the purpose that was disclosed at the time (and this is why photographers liek models to sign legal releases to consent to their use); so they may have done something they shouldn't have, but you should consult a qualified lawyer if you wanted to take it further with them There is advice specific to the UK, that was written by people with a better understanding of the law than me over on sirimo.co.uk |
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Facebook are reasonably responsive to privacy issues which have the potential to cause them legal woes. If you complain to Facebook with a statement that the photo is of you and that it is being used in a manner that you did not authorise and that it was NOT taken in a public place then they will almost certainly remove it. If you contact the original photographer and suggest that a complaint to her employer may cause 'problems' she will very likely arrange to have it removed from Facebook. |
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