Finding a photo of yourself on the internet without permission can be a shock. Whether it’s an image on social media, a website or a news article, no one wants their privacy violated by the unauthorised use of personal images.
In the United Kingdom, everyone has strong rights when photos are used without permission. The right of publicity and the privacy law offer protection against unwanted use of images.
There are several ways to regain control over personal images that have appeared online. There are also effective preventive measures to avoid future problems.
Why is consent important for online photos?
Posting photos without consent can lead to privacy violations and legal problems. Many people do not understand that even photos taken in public spaces deserve protection.
Risks of posting without permission
Photographs in which people are recognisable count as personal data under the GDPR. This means that permission is required before anyone can publish the photographs.
Privacy violations can have major consequences for the person in the photograph. The images can remain online for years.
They can also be shared by others without control. Business users face additional risks.
Companies that post photos of customers or employees without permission may be fined.
Legal consequences are possible under two laws:
- Portrait rights: protects against publication without permission
- Copyright: protects the creator of the photo
People can have photos removed if they have not given permission. They can also claim damages.
Misunderstandings about public images
Many people think that taking photos in public spaces is always allowed. This is not true.
The location where the photo is taken is not the most important factor. It is about recognisable persons in the photo.
If someone is recognisable, privacy rules apply. This even applies to photos taken on the street or at events.
Personal use is an exception. People are allowed to take photos for themselves or share them within a small circle.
As soon as they post the photos on social media, the exception no longer applies. Commercial use has no exceptions.
Companies must always ask for permission before publishing photos in which people are recognisable.
Your rights if your photo is online without permission
You have various rights if someone posts your photo on the internet without permission. These rights give you control over how your image is used and protect your privacy.
Portrait rights and your control
Portrait rights give you control over photos in which you appear. This right means that others need your permission before they can publish a photo of you.
When do you have portrait rights:
- For recognisable photographs of yourself
- Also for photographs in a group
- Even if you are not the main subject
Portrait rights apply to all forms of publication. This includes social media, websites and print media.
The photographer may have taken the photograph, but still needs your permission to share it. You can demand that the photograph be removed.
You can also claim compensation if you have suffered damage.
Copyright on images
Copyright protects creative works such as photographs. The creator of a photograph automatically has copyright on that photograph.
If someone else has taken your photograph, that person has the copyright. You then have portrait rights, but not copyright.
Both rights must be respected.
Important points about copyright:
- Applies for 70 years after the death of the creator
- Protects against copying without permission
- Gives the right to be credited
Copyright and portrait rights can conflict. A photographer may not simply publish his photograph if you are recognisable in it, even if he has the copyright.
Situations in which publication is permitted
There are a few situations in which photographs of you may be published without your permission.
Exceptions to portrait rights:
- Newsworthy events
- Public events that you attend voluntarily
- Artistic or educational purposes (limited)
- Politicians and other public figures (broader rules)
There is more freedom when it comes to news reporting. Journalists may use photographs if they are important to the news story.
At public events such as festivals or demonstrations, it is more difficult to object. You are there voluntarily and visibly.
Please note: These exceptions are limited. In cases of doubt, you are usually entitled to protection of your privacy.
Legal action if your photo has been posted online without your consent
If someone posts your photo online without your consent, you can take various legal actions. These can range from a simple notification to engaging a solicitor.
Have the photo removed by reporting it
The quickest way is often to report the infringement directly to the platform. Most websites and social media platforms have specific procedures for this type of complaint.
For social media platforms:
- Facebook: Use the copyright infringement reporting form
- Instagram: Report via the built-in reporting function
- Twitter: Submit a DMCA request
For websites:
- Search for the website owner’s contact information
- Refer to the violation of your privacy and copyrights
- Request immediate removal of the photo
Many platforms respond to these types of reports within 24-48 hours. Always save screenshots as evidence before making the report.
Contact the poster
If the platform does not respond, you can contact the person who posted the photo directly. This conversation should be clear and businesslike.
Steps for contact:
- Send a written warning (email or letter)
- State that no permission was given
- Demand immediate removal within a certain period of time
- Threaten further legal action
Contents of your message:
- Date on which you discovered the infringement
- Exact location where the photo is posted
- Your demand for removal
- Possible compensation
Give a reasonable period of 7-14 days for a response. Document all communication for any further steps.
Report to the police or seek legal assistance
If previous attempts fail, more serious legal measures are available. This depends on the severity of the situation and possible damage.
Report to the police:
- Possible in the case of serious privacy violations
- Particularly relevant in cases of harassment or stalking
- Not always effective for simple photo infringements
Engaging a solicitor:
- For commercial use without permission
- For compensation for copyright infringement
- Costs vary from £150-400 per hour
Bailiff: A bailiff can send an official warning letter. This costs around £75-150 but often has more impact than a regular letter.
Legal costs can be high. Therefore, consider whether the damage is significant enough to warrant these steps.
What can you do yourself to increase your online privacy?
You can take various steps to better protect your online privacy. This starts with checking your digital footprint and adjusting your privacy settings on social media. It is also important to understand how stock photos work.
Checking your digital footprint
Your digital footprint consists of all the information about you that can be found online. This includes photos, messages and other data that you have shared or that others have posted about you.
Search for yourself online regularly. Use different search engines such as Google and Bing.
Search for your full name, usernames and email addresses. Also check image search functions.
You may find photos of yourself that you did not expect.
Make a list of what you find:
- Social media profiles
- Photos and videos
- News articles or blog posts
- Company information
Contact website owners if you find unwanted information. Politely ask for it to be removed.
Many sites are cooperative, especially when it comes to privacy.
Adjust privacy settings on social media
Social media platforms collect a lot of personal data. The default settings are often not privacy-friendly.
You can change this.
Facebook and Instagram settings:
- Make your profile visible only to friends
- Turn off face recognition
- Restrict who can tag you in photos
- Hide your friends or followers list
LinkedIn settings:
- Decide who can see your profile
- Disable ad targeting
- Restrict access to your contact details
Also check who can see your posts and photos. Set this to “friends only” instead of “public”.
Check which apps have access to your accounts. Remove apps you no longer use.
These may still be collecting your data.
Dealing with stock photos and platforms such as Pexels
Stock photo platforms such as Pexels offer free photos. However, these photos can pose privacy risks if you appear in them.
As a model in stock photos:
Photographers must ask for your permission before uploading photos of you to Pexels. This is done via a model release form.
Without this form, they are not allowed to use your photo commercially.
Check stock photo sites regularly. Search for photos of yourself on platforms such as Pexels, Shutterstock and Unsplash.
You can also use Google’s reverse image search.
If you find yourself without permission:
- Contact the platform
- Request removal of the photo
- Refer to the lack of a model release
Pexels and other platforms usually take such requests seriously. They want to avoid legal problems.
Common misunderstandings and exceptions
Many people think that photography in public spaces is always permitted and that non-commercial use does not require permission. These assumptions are not always correct.
Photography in public spaces
Taking photos in public spaces does not automatically mean that everything is permitted. Portrait rights also apply on the street.
No one is allowed to take photos of you if you expect privacy. This applies, for example, to your home or semi-private spaces.
Important rules:
- Recognisable persons have the right to consent
- Private situations are always protected
- Public space does not mean ‘anything goes’
The location does not determine everything. It is about whether people are recognisable and whether they can expect privacy.
Photographers must always take portrait rights into account. Journalists and influencers must also follow these rules.
Commercial versus non-commercial use
Many people think that non-commercial use is always free. This is a common misunderstanding about copyright and portrait rights.
Permission is required for both types of use. It does not matter whether someone earns money from the photo.
Differences between commercial and non-commercial:
- Commercial: higher compensation possible
- Non-commercial: permission still required
- Both: may lead to legal action
Social media posts often fall under non-commercial use. However, the people depicted are still entitled to permission.
Companies that post photos always fall under commercial use. Stricter rules apply to them than to private individuals.
Frequently asked questions
People often have the same questions about photos posted online without permission. The following answers will help you understand your rights and the correct steps to take.
How can I have a photo of myself that has been posted online without my consent removed?
The first step is to contact the website owner or administrator. You can send a removal request explaining why the photo was posted without consent.
Social media platforms such as Facebook or Instagram have built-in reporting systems that can be used for this purpose. These platforms have specific procedures for this type of complaint.
If the owner does not respond, you can contact the website’s hosting provider. Hosting companies often take action on valid complaints about privacy violations.
In persistent cases, legal assistance may be necessary. A solicitor can send a formal letter or take further legal action.
What steps should I take if I notice a violation of my privacy on the internet?
Taking screenshots is the first important step. You should gather evidence of where and when the photos were posted.
Next, you should document all relevant information. This means writing down websites, dates and the context in which the photos were used.
It may be necessary to file a complaint with the Data Protection Authority. This is especially true when companies or organisations have posted the photos.
You can also report the matter to the police if there is stalking or intimidation involved. This is often the right step to take in the case of sexual images.
What are my rights regarding the publication of personal images on social media platforms?
Under the GDPR, people have the right to object to the use of their photos. This also applies to social media platforms that are active in the United Kingdom.
People have the right to have their personal images removed. This is known as the ‘right to be forgotten’ under privacy law.
In the case of recognisable photos, permission is always required for publication. Social media users are not allowed to simply post photos of others.
Copyright may also apply if someone else took the photo. In that case, both the photographer and the person depicted have rights.
Who can I report the unwanted distribution of my personal photos on the internet to?
The Data Protection Authority handles complaints about privacy violations. You can submit a report online via their official website.
On social media platforms, you can report directly via their reporting systems. Facebook, Instagram and other platforms have specific procedures for this.
The police accept reports of criminal offences such as stalking or intimidation. This applies in particular to repeated unwanted behaviour.
The Cybercrime Hotline also handles these types of cases. They can advise you on the appropriate steps to take.
What legal support can I count on if my photos are used without my permission?
A solicitor specialising in privacy or copyright law can take legal action. They can send formal letters and initiate proceedings.
The Legal Aid Centre offers free legal advice to people on low incomes. They can explain your rights and options.
Legal expenses insurance often covers the costs of these types of cases. You should check the terms and conditions of your insurance policy.
In cases of clear violations, solicitors can work on a “no cure, no pay” basis. This means that you only pay if the case is successful.
Is there a difference in approach between removing photos on social media and other websites?
Social media platforms have faster procedures for removing content. They usually respond to valid reports within a few days.
Other websites often require direct contact with the owner. This process can take longer because there is no standardised procedure.
Social media platforms allow you to use built-in reporting tools. Other websites often require email contact or contact forms.
Hosting providers are an alternative route for regular websites. This does not work for social media because they use their own hosting.