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Does my employer have the right to put my photo online?

Introduction

An employee gave a passport photo to his employer for his identity card.

Trigger

By chance, he realized that the picture had appeared on the website of the organization.

Incident

He asked his employer why his photo was on the internet.

Resolution

If the employer did not inform the employee in advance that this photo was to be used on the site, the employee may request that it be removed.

Conclusion

Data can be used for the purpose for which it was collected. Based on the explanation of the employer, the employee can join at a later date.

timbre signification

Recommendations

Basic principles

LIPAD 35 et 36 ; LPD 4, 7, 14 et 18a

Principle of the transparency of data collection: the purpose of the collection must be recognizable and the data collected cannot be used for other purposes; principles of proportionality and data security (privacy, limited access).

Resources

In the absence of a legal basis, the publication of photographs of employees cannot be done without their consent, even if the employer already had these photos that were collected for other reasons.

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