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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Who took the photo in question? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks
Many thanks for your patience. If the employee is using a photo they have taken, even if it is of your business premises, that is not unlawful. Had the photo been taken by someone else, the photographer would have had automatic copyright over it and been able to dictate how their photos are used. However, if he is the one who took the photo then he has control over its use.
There is nothing wrong with taking photos of your business premises, be it on the outside or the inside. You do not own the image rights of these and there are no image rights attached to them anyway. You can request that people do not take photos and hope they abide by these requests but if a photo is taken, you do not own anything in relation to it and cannot dictate how it is used.
If there are individuals in the photos and they are personally identifiable, then that will likely be covered under data protection laws. The person has the right to expect their image to be processed fairly and in accordance with the consent given. However, if they are unhappy with it then it is for them to decide what to do next and they would be required to challenge the ex-employee. You cannot do that – it is not your personal data that is being processed so you have no say over it, but can inform the clients and they can take any action if they decide to do so.
Does this answer your query?
I completely understand but the only issue with all this is this his actions are mainly unethical rather than unlawful and with ethical consideration you cannot take any formal legal action
All the best