Pictures of Me on Facebook: Is This Breach of Privacy?

Can an employer post your photo on Facebook without permission?

If a former employer has put your picture on Facebook without asking, you may have grounds to complain. This applies whether the photo was taken during your employment or kept on file after you left.

Posting someone's image on social media engages the UK GDPR and the Data Protection Act 2018. Your photograph counts as personal data if you can be identified from it, either directly or when combined with other information. This means organisations must handle it properly.

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What UK data protection law says

The UK GDPR and the Data Protection Act 2018 set out rules for how organisations can use personal information. These rules apply to employers, including when they use photos of staff or former staff.

Personal data must be:

• processed lawfully, fairly and transparently
• collected for specific, stated purposes and not used beyond those purposes
• kept only as long as necessary
• kept secure

When you leave a job, your employer will usually have no reason to keep your photo. Holding onto it and then posting it publicly on Facebook would likely breach the purpose limitation and storage limitation principles.

An employer would need to show a lawful basis for using your image this way. Consent is often the relevant basis, though employers sometimes argue legitimate interests. If you never agreed to your photo being shared on social media, or if any consent you gave has since been withdrawn, the employer may have acted unlawfully.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Your right to object

You have the right to ask an organisation to stop using your personal data. The right to object applies where the processing is based on legitimate interests. You can also ask them to delete the photo entirely under your right to erasure.

Consider starting by contacting your former employer directly. Put your request in writing and be clear about what you want them to do. Organisations may be more likely to remove content upon request if there is no clear justification for retaining it.

If they refuse or ignore you, you can take the matter further. The Information Commissioner's Office is the UK body that oversees data protection. You can report concerns to the ICO through their website, and they may investigate.

When you might claim compensation

If the misuse of your photo has caused you distress or financial loss, you may be able to claim compensation. This could apply where the image was used in an embarrassing context or where its publication caused real harm to you.

While small claims can be pursued without legal representation, obtaining legal advice prior to initiating any action is advisable. Citizens Advice can help you understand your options.

For detailed guidance on your data protection rights, visit the ICO or GOV.UK websites.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Workplace Privacy Checker lets you describe what your employer is monitoring or asking for and find out whether it is lawful under UK privacy and data protection law. Try it now →