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Your questions answered: Do we have to keep our staff in the picture?

By Portner Press on October 26th, 2018
  1. Workplace Policies
  2. Privacy & Data Protection

 

Q
Does an employer require an employee’s permission to release photos of them?

 

A
If your business is covered by the Privacy Act 1988 (Cth), i.e. you have an annual turnover of more than $3 million per year, the Australian Privacy Principles (APPs) will restrict your supply of personal information to third parties.

In particular, APPs 8 restricts disclosure of personal information to overseas recipients and APPs 7 restricts disclosure to marketing companies. Even where you are not providing the photos to either of these sources, you may still require consent for use and disclosure under APPs 6.

Where the APPs do not apply, it would be best practice to seek an employee’s consent prior to releasing photos of them outside your business.

Do you know all the privacy laws that govern how personal information can be used in your workplace?

Chapter P2 Privacy and Data Protection in the Employment Law Practical Handbook explains in detail what every employer must know, whatever state or territory jurisdiction you operate in.

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