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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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I left my job couple months ago, forced to resign as I wasn't

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I left my job couple months ago, forced to resign as I wasn't a yes person and didn't agree with there contractual changes which they didn't like so they took steps that I had to leave. I now work for a new company in the same industry, I didn't leave on good terms. However yesterday I opened the newspaper and there using my image to promote there company is there anything I can do ?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How did they obtain your image, did they have the consent to do so at the time as if so what did you consent to?
Customer: replied 2 years ago.
Hi Ben, yes when they took my image I worked for them so I was happy for them to use it, however since leaving do they still have the right to use it? I'm being used to promote there company yet I now work for what essentially is there competitor?
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. You can argue that your photo amounts to personal data under the Data Protection Act 1998 because it is something from which you can be readily identified. In that case the employer would have a duty to adhere to a number of data protection principles, one of which is to process the data for a legal purpose for which it was initially obtained. That means that if the photo was obtained to represent you as an employee of the company and placed on their site for that reason, once your employment terminates and the reason for which the photo was taken no longer applies, the employer should not keep it or use it for any longer.
You can first contact them and tell them that they are likely breaching the Data Protection Act with their actions and ask them again to take it down. If they refuse you can report them to the Information Commissioner’s Office but forcing them to take it down may be difficult and you won’t be able to claim any compensation unless you have suffered any losses as a result, which is unlikely. So try to make them act by asserting some pressure and threatening to take the matter further, such as to the ICO.
The ICO’s details, should you need them, are:
The Information Commissioner's Office - Scotland *****
Telephone: 0131(###) ###-####
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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