Do you need to get consent for pictures of your employees? Should everything be deleted when they are no longer employed by you? And is it enough that they give consent that you may use all their data in their employment contract? Get the answers here…
The talk of statements of consent and the use of images and video material without consent is a complicated matter that causes most people to go far beyond that talk. But you don’t have to. Here you will find answers to 3 of the most central issues for the vast majority of companies, so you can easily and safely use picture and video material of your employees. With peace of mind!
Is it your responsibility as a company to obtain and renew statements of consent on employee photos?
The short answer is yes! However depressing it may sound, it is your responsibility as a company to obtain and renew the consent forms of your employees if you have picture and / or video material of them. However, it does not have to be as difficult as it sounds. Read on and find out how you can easily get started in the process, without the use of neither lawyers nor IT auditors …
Are companies responsible for deleting all images and video material when an employment relationship stops?
When it comes to deleting image and video material, it’s not that complicated at all. According to the GDPR, consent is waived either upon expiry (typically 3-5 years) or when there is no longer a legitimate purpose for the treatment. This will most often mean that you should delete pictures and video of former employees upon termination of employment, unless it has been agreed that these images can be used until consent expires unless the employee actively withdraws them.
In many cases, it makes good sense to include consent on visuals in the employment contract. However, this is not always a benefit to the company. Because it usually means that pictures must be deleted as soon as the employee is no longer employed, and it is not always easy to know where these pictures are and how many pictures there are of the employee if the consent does not lie together with the picture material.
Can you obtain permanent consent for the use of pictures and video in the employment contract?
Here, the short answer will be no, but it requires some elaboration. In principle, you can never obtain a permanent consent, as a declaration of consent must have a timely expiration (often 3-5 years), unless there is good reason to argue otherwise. Here, again, it is pointed out that the consent lapses at the moment that is no longer a matter of purpose for the treatment.
But what does that mean for you? And how do you most easily handle statements of consent on your employee photos?
With MediaConsent, you get a unified system for obtaining, renewing and linking consent statements with pictures and video material. With person tagging and auto-match, the system can automatically recognize people and match their user with the images they are visible on. When a consent expires (regardless of the course of employment), the system automatically issues a request for renewal of the consent to the user. If the user does not renew or does withdraw consent, you can quickly locate through our log and tracking of images where images with the user are used and replace them with other images.
Read more about MediaConsent here.