Protection of Image and Personal Data in the Context of Labor Law

Protecting image and personal data are significant issues in labor law that require special attention from employers. Below, we present key information on this topic to help understand the obligations of employers and how to protect employees’ rights.

Protection of Employee Image

An employee’s image, which is their recognizable likeness captured in a photo, image, or recording, is protected by law. In Poland, this protection stems from Article 81 of the Copyright and Related Rights Act. This means an employer must obtain the employee’s consent to use their image for company promotional materials, websites, or social media. The consent must be explicit, specific, and voluntary, and the employee has the right to withdraw it at any time.

When Can an Image be Disseminated?

Dissemination of an employee’s image without their consent is possible in two basic cases:

  • Detail of a Larger Whole: The image of a person can be disseminated without consent if it is only a detail of a whole such as a gathering, landscape, or public event. In this case, the main subject of the representation is the place or event, not the recognizable likeness of the person.
  • Presumption of Permission: If the employee posed for a photo and received compensation for posing, it is presumed that they consented to the dissemination of their image.

A third possibility for disseminating an image, which may not necessarily be used by an employer, is the Publicly Known Person variant. If an employee is publicly known for their social, scientific, political, literary, or private activities, their image can be disseminated without consent, provided it is related to their public functions.

Protection of Employee Personal Data

Personal data are information that, alone or combined with other data, allow for the identification of a natural person. The protection of personal data in Poland is regulated by RODO (General Data Protection Regulation), which is binding in all European Union countries. RODO imposes a range of obligations on employers related to the processing of personal data, such as the information obligation, data minimization, data security, and rights to access, rectify, erase, or restrict data processing.

Employers must justify the processing of data, for instance, by the necessity to perform an employment contract, comply with a legal obligation, or based on the employee’s consent. Furthermore, employers must ensure appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or damage.

Practical Aspects of Protecting Image and Personal Data

To effectively protect the image and personal data of employees, employers should implement appropriate policies and procedures. Example actions include:

  • Privacy Policy: Developing a privacy policy that outlines the principles of personal data processing within the company.
  • Training: Regular training for employees on data protection and image protection.
  • Consents for Data Processing: Obtaining explicit consents for personal data and image processing and informing employees of the possibility to withdraw consent.
  • Data Security: Ensuring appropriate technical and organizational measures, such as data encryption, IT system security, access control, and regular security audits.

Sanctions for Violating Image and Personal Data Protection

Violations of regulations regarding image and personal data protection can lead to serious legal and financial consequences for employers. In the case of RODO violations, an employer may be fined up to 20 million euros or 4% of the company’s total annual turnover. Employees whose rights have been violated may also seek compensation for damages resulting from the unlawful processing of personal data or image.

Summary

The protection of image and personal data are crucial element of labor law. Employers must be aware of their obligations and responsibilities in this regard to protect their employees’ rights and avoid sanctions. Implementing appropriate policies, procedures, and educational activities helps minimize the risk of violations and builds trust in employee-employer relationships.

07.25.2024

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