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Am I able to prevent my employer from posting a photo of me

 

Customer Question

My employer has stated all employees will have their photos (along with name, phone, email, etc, so it's all personally identifiable) posted to a corporate website that is available to the entire organization and other related entities, which totals many thousands of people. I also have doubts that this site is totally restricted from the general public, although they say that it is. They are providing no ability to opt out. They already took the photos, saying they were for work ID cards to use for ID and building access. No permission was given my me to have my photo published to a website at the time it was taken.

 

Optional Information:
Wisconsin

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Submitted: 2134 days and 3 hours ago.
Category: Legal
Value: $5
Status: CLOSED
Customer replied 2133 days and 2 hours ago.

Relist: I still need help.

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Expert:  4ren6 replied 2133 days and 2 hours ago.

I have serious concerns on this issue as it borders an invasion of privacy. Even if the site is so called "secure" there could be persons within the company that have private issues regarding restraining orders and other things that could be damaged should the wrong info fall into the wrong hands. I would seek direct legal council in your city to see if this is not an invasion of privacy. Let me know if you need further assistance.

Customer replied 2132 days and 8 hours ago.

Reply to 4ren6's Post: Thank you for your reply. However it's not very helpful because there are no specifics. Basically you just suggested I ask someone else.

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Expert:  4ren6 replied 2132 days and 5 hours ago.

I will opt out and allow others to assist you on this.

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Expert:  Ed Johnson replied 2131 days and 12 hours ago.

Dear XXXXXnlee,

4ren6 is correct when he mentions that this could be an invasion of privacy.

However, I would like to expand on that theme.

1. If the photos and identification is on the "security force computer" so that it is not accessable to the rest of the work force, it is not a violation of privacy. Many companies today, because of terrorism and other issues are charged with the safety of their employees. So, the security folks, can maintain these images and contact information in order to identify and distinguish imposters and intruders, and if something happens can notify you.

2. On the other hand, notice that I said this information is not accessable to the rest of the company. As long as it is in the hands of security only and you are given the reason for the collection and use of the information and photos, it is legal, and not considered an invasion of privacy.

If it does not meet the parameters I mentioned, then you have the right to not give themm the information, and to get a temporary injuction if they do not respect your wishes.

 

Customer replied 2130 days and 18 hours ago.

Reply to Ed Johnson's Post: Thank you - the photo is being made available to the entire work force of my company and to one or more related organizations with whom we have business ties.

It would definitely not just be available to security people, although they do give a reason for the photo as being for security - so that people visiting different locations can have their ID badges compared to the web photo to verify they are who they say they are - but this verification is supposedly to be done just by staff, not by any particular security people.

Since they already have the photo, I can't stop them from getting it, unfortunately.

Is filing such an injunction something that a lay-person can do easily or is it something that I would need a lawyer for?

Since my employment is "at will" could they terminate me for filing the injunction?

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Expert:  Ed Johnson replied 2130 days and 18 hours ago.

Dear XXXXXnlee,

You can file an injuction and sue to have either your photo removed, or force them to create a security website limited to access of the gaurds and security force.

Although employment is at will, they are at risk of whistle blower law suit to fire you over this. At will employment does not give the employer the right to fire you in retribution.

Any fireing proximal to the law suit or injuctino would be considered retaliatory.

A lay person can file an injuction, but it is better to get an attorney to do it for you. Every court has a slightly different process, so you should go to the clerk of court so four jurisdiction to find out local porcess.

http://www.wicourts.gov/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=6

 

Customer replied 2129 days and 7 hours ago.

Reply to Ed Johnson's Post: You rock, Ed!

Is there a legal citation for the privacy rights that I can point to on this? Somewhere that it says only "security force computer" can store this sort of information?

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Expert:  Ed Johnson replied 2129 days and 7 hours ago.

Dear XXXXXnlee,

There will not be a law that cites this type of thing specifically. There may be case law somewhere, but that would be difficult to find.

Here is a website that provides more resources you can use.

http://www.privacyrights.org/fs/fs7-work.htm

It would be far easier and efficient to simpy take an initial interview with an employment law or civil rights attorney. The first 20 minute interview is generally free just so they can determine if you have a strong case, which they will take on contingency.

 
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