There might have been occasions when you’re at work where your employer takes or arranges photographs in the workplace. They might have been taken for marketing, internal communications or even security purposes. Even one simple photo can cause significant harm if it’s misused, so employers have to follow data protection laws closely. If you’ve ever asked, “Can my employer take photos of me without permission?”, read our guide to learn how these laws help to answer that question.
In some cases, taking or sharing a photo without consent could be the basis of a personal data breach compensation claim. We explain this in detail by covering what sort of scenario could lead to a claim and how compensation can address up to two different types of damage.
If you’ve been affected by misuse of your image, you may be able to make a claim. Read through to the end of our guide to learn how a solicitor from our panel could help you seek compensation on a No Win No Fee basis.
You can chat with an advisor from our team about data breach claims today. If your case is one a solicitor could take on, you could be connected right away. To make the most of our free round-the-clock support service, either:
- Call 020 8050 3051
- Contact us using our online form.
- Talk to an advisor using the live chat tab below.
Jump To A Section
- Can My Employer Take Photos Of Me Without Permission?
- Case Study: Photo Data Breach By Employer
- How Much Compensation Could I Receive For An Image Data Breach?
- What Could I Do If I Want To Claim After My Employer Has Taken Photos Without Permission?
- Use A No Win No Fee Solicitor To Claim For An Employer Data Breach
- Learn More About Claiming For An Image Data Breach
Can My Employer Take Photos Of Me Without Permission?
A picture that clearly shows you is a form of personal data, which is information that can be used alone or in combination with other information to identify an individual. As the party responsible for taking your photo, your employer decides how and when this data is processed.
However, you may be wondering, ‘Can my employer take photos of me without permission?’. They might claim a lawful basis for taking the photo. For example, a company in a high-security building might argue that they need to take ID photos of each employee for safety reasons.
This does not mean that employers can do whatever they like with employee photographs, as they must act in accordance with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR.)
To stay in line with data protection law, an employer must ask individual employees for permission to take and use photos of them, especially if those photos will be publicly visible.
Article 82 of the UK GDPR says that an individual has the right to seek compensation for a personal data breach. A breach is defined by the Information Commissioner’s Office (ICO) as a security incident that affects the availability, confidentiality and integrity of an individual’s personal data. The ICO is a watchdog that protects UK citizens’ data rights.
You could make a data breach compensation claim if:
- Your employer failed to follow the DPA and UK GDPR. For example, they sent out an image of you in an email without permission.
- This led to a data breach where your personal data was affected.
- You experienced mental or financial damage or both as a result.
You can call the number above to discuss whether you have a valid case.
Case Study: Photo Data Breach By Employer
This illustrative case study offers an example of what could happen if a photograph is taken and used without consent.
The claimant worked for a recruitment agency when a photo of them talking to a colleague was taken. They believed that it was going to be used for posts on the business’s internal site. Instead, it was posted as the company’s main website image and used on social media to promote the business. It meant that images from which the claimant could be identified directly were displayed on the internet without their permission.
Their employer was not aware that the claimant had previously been a victim of domestic abuse and had been forced to move home. The data breach allowed their ex-partner to become aware of their new address and employment. This meant that the claimant suffered severe anxiety and had to relocate, also meaning that they left their job. Moving house cost the claimant a significant amount of money.
The claimant sued their former employer for the effects of the personal data breach. With the help of an expert solicitor, they were successful and received considerable compensation as a result.
Read the next section of our guide to learn more about data breach compensation and call the number at the top of this page to see if a solicitor from our panel could help you claim.
How Much Compensation Could I Receive For An Image Data Breach?
If your employer takes photos of you without permission and you make a successful claim for a data breach, you will receive compensation. Data breach claim payouts can address two forms of damage.
One is non-material damage, or compensation intended to address the emotional distress inflicted as a direct result of a personal data breach.
The table you see below features guideline compensation figures for different psychological injuries. Those amounts can be found in the Judicial College Guidelines (JCG), a document that those calculating payouts for non-material damage compensation might use for guidance.
It’s worth remembering that this table is only a guide and does not guarantee how much compensation you would be awarded. The first entry is not from the JCG.
MENTAL INJURY | SEVERITY | COMPENSATION | NOTES |
---|---|---|---|
Very Serious Psychological Injuries Plus Significant Expenses Or Losses | Serious | Up to £500,000+ | Compensation addressing both material and non-material damage. This could cover emotional distress and forms of loss including medical bills, lost earnings or relocation fees. |
Psychological Damage | Severe | £66,920 to £141,240 | A prognosis is very poor. There are marked issues related to factors like coping with life and relationships with others. |
Moderately Severe | £23,270 to £66,920 | While the same problems exist as in severe cases and are significant, the prognosis is notably more optimistic. | |
Moderate | £7,150 to £23,270 | There is a marked improvement and the prognosis is good. | |
Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | All aspects of the affected person's life are significantly affected. |
Moderately Severe | £28,250 to £73,050 | There is a more positive prognosis than in a severe case, with the hope of some recovery aided by professional help. However, its effects remain likely to inflict significant foreseeable disability. | |
Moderate | £9,980 to £28,250 | In such cases, the affected person does not have ongoing effects that are grossly disabling after largely recovering. |
Material Damage In An Employer Data Breach Compensation Claim
A person can be impacted by an image data breach in different ways. While some may be affected mentally, others may notice that the impact is more financial. With this in mind, it is also possible to claim compensation for your material damage, which refers to any monetary losses or expenses caused by the personal data breach.
Examples of material damage you could experience include:
- Moving costs.
- The price of installing extra security measures on your private property.
- Fees for mental health counselling.
- A loss of earnings from missing work due to stress.
- The effect of a damaged credit rating.
Your compensation claim can be for both material and non-material damage if you were affected both emotionally and financially.
You can call us to discuss data breach compensation and learn what you might be able to claim for. Just call the number above at any time for free advice on how to claim compensation for a data breach involving your image.
What Could I Do If I Want To Claim After My Employer Has Taken Photos Without Permission?
If your employer takes photos of you without permission and you want to seek compensation, there are some initial steps you could take. These include:
- Seeking support from a medical professional. For example, a psychologist could assess your psychological injuries and provide a report. A copy of your medical records could be used as evidence during the claims process.
- Keeping all receipts, payslips and other documents that highlight any material damage.
- Collecting all other available information that might prove the data breach and its effects. For example, your employer may have sent an email or text message where they admitted they were liable for a data breach after you raised concerns with them.
- Seeking out expert legal guidance. If you have reasonable grounds to claim, a solicitor from our panel could give professional advice and backing through every step of the process.
Call today if you’d like more insight into what you could do to get your potential employer data breach claim off to the best possible start.
Use A No Win No Fee Solicitor To Claim For An Employer Data Breach
Having answered the question, “Can my employer take photos of me without my permission?” we want to explain how a solicitor from our panel could help you seek compensation for the unauthorised disclosure of your personal information.
Our panel of expert data breach solicitors can offer their services under a Conditional Fee Agreement (CFA), a No Win No Fee contract that provides claimants with some very desirable benefits:
- Paying no fees for the solicitor to begin work on the case.
- No fees to pay during the claims process itself.
- Lastly, should the claim fail, you will not incur any fees.
A successful claim will see you awarded data breach compensation. A percentage of this will make up the solicitor’s success fee. Since success fees are subject to a legally binding cap by The Conditional Fee Agreements Order 2013, most of the compensation will be yours to keep. To find out about claiming compensation against an employer for non-consensual photographs, or to ask our advisors, “can my employer use my photo without my permission in the UK?” use the contact details given here:
- Calling us on 020 8050 3051.
- Writing to us using our ‘Contact Us’ form.
- Using the live support feature below.
Learn More About Claiming For An Image Data Breach
Our other articles provide further data breach claim guidance:
- Learn what you can do if your password was part of a data breach and you were affected.
- You can claim for accidental destruction of your personal data, as we explain here.
- We review how our panel’s No Win No Fee solicitors can help you claim.
These sites may also help when you consider your options:
- The ICO discusses when an organisation needs or does not need your consent.
- Guidance for individuals and families on data breaches from the National Cyber Security Centre.
- The NHS explains where you can get urgent mental health support.
Hopefully, we have answered, “Can my employer take photos of me without permission?”. If you have any other questions regarding claiming for a data breach, you can contact our advisors.