In order to portray themselves as approachable and trustworthy rather than as faceless and uncaring, companies may decide to include pictures of some of their employees on their marketing materials.
This article explains the privacy concerns that employees may have, and the approaches that companies can take to achieve their aims without upsetting their workforce.
Why Use Pictures of Employees?
A business may wish to incorporate pictures of one or more members of staff in various publicity material, including the following:
brochures
advertisements
recruitment campaigns
websites
organisation charts
Security and Anonymity
There is a security consideration to using pictures of real people who work for a real organisation. In some industries, such as banking, it can be important for staff to maintain a certain degree of anonymity.
You would not publicise a bank manager’s home address on a website for fear of kidnapping, so similar care should be taken to prevent their pictures from being distributed too widely. Images showing workers going about their jobs happily and professionally should not pose much of a privacy concern, particularly if they are not accompanied by the names of the people in them.
Releases
A release, or waiver, is a legal document signed by someone to allow their picture (or likeness, to use the legal term) to be used by a specified third party.
Employers wishing to protect themselves against claims of invasion of privacy should ask staff to sign release forms if their likenesses are to be made public in any way.
Businesses wishing to use likenesses of other people, such as clients, should still protect themselves by obtaining releases for these. Attempting to use images of celebrities without their permission, especially to endorse a product or service, is likely to result in legal action.
Using Stock Photography
There may be better alternatives to using employee pictures when the images are to be used figuratively. For example, if a page on a website needs to show a professional business meeting, it may be more appropriate to use a stock photograph to illustrate this.
There are many libraries on the Internet that can license high-quality stock photographs at a reasonable cost. These images are taken by professionals using models and actors who have agreed that their likenesses can be used commercially.
Using images from a library also prevents the potential problem of company materials showing staff who have been publicly discredited in some way or who have left to work for a competitor.
Approaches to Using Employee Pictures
There are various approaches to using employee pictures in corporate communications. The least invasive is to side step the issue of privacy completely by using stock images of actors instead of real people within the company. This is appropriate when the imagery is only intended to be illustrative rather than factual.
If stock photography is not specific enough, pictures of real employees may be used. These should ideally be anonymous. In any case, it is prudent to ask those featured to sign releases stating that they agree to have their likenesses used for the intended purpose. This helps to protect the business from lawsuits claiming abuses of human rights.
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I've just resigned from a temporary position - after 1 year working there and awaiting a permanent role - and found out that yesterday (first day since I had left) my boss showed a photo of me on the big screen in the main meeting room, featuring full length glass windows and door, to our entire department of around 25 employees to try and demean me as an employee.
Is this violating my rights as a human / employee? I am still being paid until the end of the month so perhaps I still officially work there too ?
Any advice much appreciated!
whitvma - 19-Feb-19 @ 7:03 AM
Recently applied for a job with a security firm
They have asked for copies of payslips from previous employers, i have no-issue with that as it is to verify employment status
They have also asked for complete copies of my bank statements for 2017 (period i was unemployed) seems to be rather invasive, as I ocassionally visited a health spa, and adult orientated club, I don't see how what I do in my private life has anything to do with them
What can I do
Glyn - 9-Dec-18 @ 3:03 PM
I work for a big company and they have just sent out over 1500 flyers to employees addresses which include a photograph of me, and are also going to use in-house for one to ones and group training
The first I knew of this was when I was informed by someone else, I Did Not give consent nor was I approached about it
Can they do this ?
E - 21-Nov-18 @ 7:58 PM
Ash - Your Question:
My employers took a picture of me from behind without me knowing and have sent to the local paper to use in recruiting campaign and article.I was shown by others who recognised me.Is this legal as I had no knowledge of being photographed or that the image was being used in public domain.It is not of my face but how can I be sure they do not have more images to use as they didn't tell me or have my consent.
Our Response:
I presume your employer took the image hoping by not revealing your face, then it would be anonymous. If you do not consent to your image being used, then it is your employer you need to speak to in order to prevent it happening again.
EmployeePrivacyRights - 14-May-18 @ 10:28 AM
My employers took a picture of me from behind without me knowing and have sent to the local paper to use in recruiting campaign and article.
I was shown by others who recognised me.
Is this legal as I had no knowledge of being photographed or that the image was being used in public domain.
It is not of my face but how can I be sure they do not have more images to use as they didn't tell me or have my consent.
Ash - 13-May-18 @ 2:06 AM
Working for a big company, had a photoshoot during my working hours.
Been tolled that will be assisting but actually was a model. Pictures and vidio been posted with my permission, did not sign any agreement.
Is it legal? What should I do?
My manager became very rude with after I tolledto HR.
Val - 23-Dec-17 @ 10:28 PM
Employer went on Facebook page downloaded my photo and has displayed it at work, I saw it when I went in, I didn't give permission, what rights do I have?
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