# Can employer insist employees pose for photos for website



## redbhoy (7 Sep 2005)

Can your company make you pose for photos to put on their website if you dont want to?


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## DrMoriarty (7 Sep 2005)

*Re: Company photo's.*

I often see staff lists where some individuals have a photo and others don't, so I'd imagine that no, they can't force you to. Couldn't cite the relevant legislation, 'though...


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## ClubMan (7 Sep 2005)

*Re: Company photo's.*

Any chance this issue is covered by the explanation of your duties and responsibilities outlined in your contract of employment?


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## Capaill (7 Sep 2005)

This may also be covered by the Data Protection Act.  A photograph is deemed as personal information and therefore you have to give explicit permission that it can be used in the above manner.

It also is something to think about from a personal security point of view, especially if you are female.  You may not wierdos looking at your company site and deciding as a result of seeig your picture up there to stalk you, or worse.  Though this is an extreme view on the issue.

C


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## ClubMan (7 Sep 2005)

Surely weirdos are equal opportunity stalkers and subject to the relevant equality legislation?


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## redbhoy (7 Sep 2005)

I think theres a clause in my contract that states that I may be asked to do tasks outside the normal duties of an engineer blah blah blah. 

This probably means that they can make me shovel s*** if they want. I hate that clause. Man, i wish there was a union here.


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## ajapale (7 Sep 2005)

This case [broken link removed] from the data commissioner is informative. While the case in point refers to primary school children the principle remains the same. That information is gathered and processed with consent and fairness.



> I pointed out that section 2(1)(a) of the Data Protection Act requires that personal data "shall have been obtained, and the data shall be processed, fairly ".
> 
> When dealing with personal data relating to schoolchildren, "fairness" in my judgement requires that the clear and informed consent of parents or guardians must be obtained before any use is made of the children’s data. This is particularly so where the use envisaged involves the posting of data on the worldwide web. The principal accepted these points and undertook not to post personal details of schoolchildren on the web site except with the express authorisation of a parent or guardian.



aj


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## ClubMan (7 Sep 2005)

redbhoy said:
			
		

> Man, i wish there was a union here.


You and a few others...


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## Murt10 (7 Sep 2005)

"I may be asked to do tasks outside the normal duties"

To me posing for a picture for a website would not be a task outside the normal duties. It is not a task at all, it would be something completely different. If you don't want your picture taken then I would regard it as an invasion of your privacy for someone to try and insist on it. If I didn't want my picture taken I wouldn't pose. 

Allowing a picture to be taken for a security ID would be a different matter altogether.


Murt


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## CMCR (7 Sep 2005)

This is a rather complex area (believe it or not) but I hope the following will shed some light on the issue;

Whether or not your employer may use such photos will depend on the circumstances in which those photos were taken.  If you submitted your photograph (for example, for the purpose of obtaining a work ID card) you could object to your employer using that photo for other purposes (i.e., promotional purposes).  

However, by allowing your employer to take your picture knowing that they intended to use it on promotional material of any kind, then it is unlikely that you could have grounds for any objection. 

The principle of Data Protection legislation is that generally any data held (including photos that are taken) can involve the disclosure of personal data but the manner that disclosure occurrs must be compatible with the purpose for which it had originally obtained. 

In english the above means that your employer may disclose these photos (and use them for promotional purposes) once you have been informed they will be used for such purposes (and no other).  

If you feel strongly about the matter - and for many reasons you may do so, then I would suggest you make these feelings known to your employer in advance.  It is unlikely they will force you to participate in these photo shoots against your will. 

Then again - you could always just not smile.......).  

CMCR


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## redbhoy (7 Sep 2005)

ClubMan said:
			
		

> You and a few others...


 
Is this because Unions are unpopular or because unionised jobs are being replaced by American companies who wont tolerate the unions??


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## ClubMan (7 Sep 2005)

I don't know - I doubt that the _CSO _do qualitative surveys on this sort of thing and just stick to the quantitative date.


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## RainyDay (7 Sep 2005)

Interesting issue - If it doesn't breach any confidentiality or expose you, Redbhoy, I'd be curious to hear what kind of company this is - multi-national? industry? size? Are they planning on putting all staff up on the size, or just staff above a certain level or in certain roles?

I can't see how they could physically force you to pose - The question is if you refuse to pose, what will happen? Do they have a formal disciplinary policy in place? Are you prepared to take the risk of going through this process?

I suppose you could try coming in [broken link removed] on the day of the photo-shoot?


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## Seagull (8 Sep 2005)

Is this an internal or external website? Some companies like to have staff photos on the internal website so that you can identify your co-workers.


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## RainyDay (9 Sep 2005)

I've moved Crumdub's post on the general issue of the relevance of unions to a new thread.


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## Havsom Cents (22 Sep 2005)

RainyDay said:
			
		

> I've moved Crumdub's post on the general issue of the relevance of unions to a new thread.


.................can you do that.........How you do that?


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## ajapale (22 Sep 2005)

Hi Have Som,

Since the primary purpose of _Askaboutmoney_ is to discuss consumer finance issues the Moderators can and do split threads that wander off topic or spawn a new discussion topic.

In this case the the spin off thread is quite interesting. In this way the original question posted can be answered and any general discussion which arises can be dealt with as well.

aj


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## Martina (22 Sep 2005)

Just to follow on from this topic! 

What would you do if an employer failed to move your picture after you left the company? My husband worked for a car dealer and he was pictured on there web site. He has actually left the company over six months ago but his picture is still on the web site. 
I would love to have the picture moved as neither myself, nor my husband want anymore affiliation with the dodgy dealer!


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## RainyDay (22 Sep 2005)

Martina said:
			
		

> Just to follow on from this topic!
> 
> What would you do if an employer failed to move your picture after you left the company? My husband worked for a car dealer and he was pictured on there web site. He has actually left the company over six months ago but his picture is still on the web site.
> I would love to have the picture moved as neither myself, nor my husband want anymore affiliation with the dodgy dealer!


Hi Martina - I'd raise a complaint with the garage under the Data Protection Acts which empower you to have inaccurate data rectified. See [broken link removed] for more info.


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## Martina (23 Sep 2005)

Thanks for that RainyDay, 

I rang the garage this morning and asked them to remove it and quoted the data protection act. I knew about the act in relation to current information but I wasn't too sure about information that was out of date. 
Thanks again RainyDay!


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