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Can an employee's picture be posted on a company intranet even if they refuse to allow it? The pictures would be gotten from company badge pictures.. Thanks
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Smile!
posted at 5/5/2010 4:05 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
It's going to depend on state privacy laws but.."A majority of states including Ohio, Pennsylvania, Michigan, Illinois and New Jersey have judicially recognized the right to privacy in case law. However, most states have not codified this right. Nevertheless, state court rulings across the country have been consistent with Restatement (2ND) of Torts § 652C, which provides âOne who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of privacy....Without question, courts have actively and unequivocally protected privacy rights when names, pictures, likenesses, etc. are used without consent. It should be noted that a Plaintiff is not required to allege nor prove actual damages to be awarded injunctive relief. If damages are proven, however, the majority of jurisdictions will also award both actual and punitive damages. Some courts have even gone so far as to order a public apology and/or retraction, which may prove costly to an employer.
In sum, an employer is best served by always obtaining written consent from an employee when using the employeeâs name, picture, voice and/or likeness for marketing or advertising purposes. Lastly, the employer should be conscientious to obtain consent each time a picture or similar item is reused for a new or different purpose." from http://thatcreditunionblog.wordpress.com/2008/08/20/using-employee-pictures-and-related-items-without-consent/ I know you stated INTRANET vs internet or marketing purposes....but I would definitely clear this with legal counsel prior to going against an employee's wishes. And honestly, I would honor their wishes. |
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Smile!
posted at 5/5/2010 6:41 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
In addition to what RRupert stated it would also include what, if any releases you currently have in place for the use of photo's. Some company's establish an all encompassing release with the badge application. I doubt that is supportable in all states but could be in yours. |
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Smile!
posted at 5/6/2010 6:48 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
Actually all employees, regardless of what state they reside in, have constitutional (federal & state), statutory or common law protections of privacy. Generally, constitutional privacy protections (which for the most part only apply to the public sector employers) provide greater protection than statutory and common law protections. Notwithstanding the potency of the relevant legal protections, the prudent employer would not publish an employee's photo without their permission. Dave Arnold, Ph.D., J.D. |
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