To share or not to share…? (Posting photos on-line) – the Lawyer’s corner

1 min.

To share or not to share…? (Posting photos on-line)

These days, taking photos with mobile phones and digital cameras and putting them on the internet is very common practice. Every day we see images on social networks of people doing all sorts of things, and in all kinds of situations, and yet, rarely have the subjects given their permission for us to do so. In some cases this could be illegal, and may violate copyright laws.

In fact, the general rule is that if you’re going to publish a person’s photograph you need their authorization; ( Art. 96).

However, you won’t have to delete all your pics on Facebook, if, for example, the subject of the photo is famous or a public figure, if the police need it, or if it’s of scientific or cultural interest. Permission in these cases is not required.

Having said that, if the images negatively affect the subject’s reputation, publication is illegal. If a photo reveals sensitive personal information  such as about their health, sexual, political or religious orientation then you would need both the individuals’ permission as well as writing to the Autorita Garante per la Privacy. (D.Lgs 196/2003).

A word of advice; all of these situations apply only to when the photos are shared, and not to the actual taking of the picture, which generally, is legal. So when sharing your photos, be aware and use common sense.

If in doubt – don’t risk it. You don’t have to share everything with everyone – it’s not the end of the world!

Published by

Michele Cancellieri

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