Unauthorized sharing of workplace photos and videos?
In the digital age, workplace recordings, whether images or videos, can be a powerful tool for promoting a company's culture or showcasing its day-to-day operations. However, it is crucial to respect the rights of both the employer and the individuals visible in these recordings.
First and foremost, obtaining clear and explicit consent from employees is essential. This means informing them about the intention to take and publish photos or videos, especially when they are to be used for promotional or internal communications purposes. Consent should be in line with the General Data Protection Regulation (GDPR) and clearly communicate how the images will be used.
Employers also have a responsibility to maintain transparency and clarity. This involves having clear policies regarding the acceptable uses of company devices and systems. Employees should be made aware that these are not private spaces and may be accessed under subject access requests. Clear communication ensures that everyone understands what is permissible, reducing the risk of inadvertent breaches.
Organizations should also restrict personal data on business devices. This can be achieved by auditing company devices and cloud platforms to limit or isolate personal photos or non-business content. Technical safeguards like mobile device management tools that can wipe or isolate personal data and restrict sync to business folders can help protect employee data.
Publishing photos or videos containing information about the company can potentially harm the employer's business interests. Therefore, it is important to ensure a lawful basis for processing these images. Under data protection laws such as GDPR, publishing photos or videos is a form of personal data processing that requires legal grounds, such as consent or legitimate interest. Sensitive personal data, like biometric images, requires even stricter consent.
Beyond data protection, employees have rights related to their image and personality. Unauthorized use of an employee’s likeness without permission can lead to legal claims, so consent is paramount, and content use should align with agreed purposes.
Lastly, any recordings or photos should be retained only as long as necessary for the stated purpose and securely deleted afterward to comply with data minimization principles.
In conclusion, the guidelines for posting workplace photos or videos emphasize obtaining informed, explicit consent; deploying clear policies and technical controls; using photos/videos only for communicated, lawful purposes; and respecting employees’ data protection and personality rights to avoid legal risks. These principles help uphold privacy and trust in workplace environments.
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[1] European Data Protection Board (EDPB) Guidelines 05/2019 on the processing of personal data through video devices in the workplace (https://edpb.europa.eu/our-work-documents/our-work-documents/guidelines-recommendations-best-practices/guidelines-05-2019-processing-personal-data-through-video-devices-workplace_en)
[3] International Labour Organization (ILO) Workplace privacy (https://www.ilo.org/global/topics/employment-policies/private-employment-laws/workplace-privacy/lang--en/index.htm)
Science can play a significant role in workplace-wellness by providing insights into creating effective policies for data privacy and employee image rights. For instance, research can inform strategies to balance the need for transparency in the workplace with respect for individual's health-and-wellness and data protection rights.
In light of advancements in technology and immense data collection, it's essential to have scientifically informed policies to ensure workplace safety and maintain employee trust. This, in turn, can enhance productivity and promote overall health-and-wellness in the workplace.
