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Ask the Legal Shark: Can My Employer Post My Photo on Their Website Without Consent?

Ask the Legal Shark: Can My Employer Post My Photo on Their Website Without Consent?

Can companies publish employee photos on the company website without an employee’s prior consent?

Legal Shark’s Response |

In today’s social media world, scores of employees may already have their pictures posted on the Internet on Facebook, Instagram or LinkedIn. Many employees would not object to having their pictures posted on a company website but employers cannot make this assumption.

Some folks may be “camera shy” or have more serious concerns regarding their privacy and the ability of others to locate them online. Privacy legislation requires an employer to seek consent prior to posting photos of employees online.

More specifically, provincial privacy legislation in the form of the Personal Information Protection Act along with federal legislation exists which restricts and regulates the collection, use, disclosure, storage and security of personal information.

Any photos identifying an employee would be considered “personal information” which employers are prevented from using or disclosing without “explicit or implied consent.”

Employers are required to take the proactive step of having their employees sign a Consent Form with respect to the use of employee photographs. The form should outline the purposes for which the employer will use the photographs and how those photographs may be used by the company.

Utilizing written consent forms provides employees with appropriate information about how their personal likeness will be utilized by their employer and provides employers with a measure of protection from any possible future privacy complaints. A true “win-win” from the Shark’s perspective.

If you have a legal questions, please submit it to bal@c2klaw.com and summon the shark! Until next time…

About The Author

Bal Bhullar

Bal Bhullar is a corporate/commercial lawyer who owns and operates C2K Law Corporation. Bal has over 20 years of international and domestic practice experience. He has worked in private practice in Vancouver and Bermuda as well as in-house with public and private companies in the mining, aviation, telecom and technology, construction, oil and propane, insurance, management consulting and health care industries. Bal's areas of expertise include corporate finance, banking law, mergers and acquisitions, joint ventures, corporate restructurings, governance and compliance, company law, contracts and all types of commercial transactions. Bal is the member of the Law Society of B.C. and is admitted as a Barrister and Attorney in Bermuda. Bal is a business savvy lawyer who is solutions oriented and focused on delivering high value advice and service to all of his clients.

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