When Businesses Use Your Photo Without Permission, Here’s What You Do

I was featured in Malaysian Digest’s article entitled “When Businesses Use Your Photo Without Permission, Here’s What You Do” on 24 January 2018 on what customers can do to protect their personal data. I said the following:-

Customers Need To Be Proactive To Protect Their Privacy

What then do we, as customers, can do to protect our privacy and what rights do we have as a civilian?

Foong Cheng Leong, founder of law firm Foong Cheng Leong & Co. and the Bar Council cyber law and information technology committee deputy chairperson, explained that when it comes to invasion of privacy, it depends on the scenario.

If it’s a photo taken in a public place with many other people like a group photo, it is unlikely an invasion of privacy nor it is anything unlawful.

“If the photo was a photo taken during the business transaction between the customer and the business, it could amount to a breach of Personal Data Protection Act 2010 or invasion of privacy. For example, a photo taken by a doctor of its patient during treatment.

“Also, if the photo belongs to the customer, it could amount to copyright infringement,” he said, while advising that it would be prudent to add a watermark to our photos.

And if we do find our photo being featured in advertisements without consent, we should write to the business asking them to remove it.

“They can also consider filing a complaint to the Personal Data Protection Commissioner for them to investigate the matter,” he advised.

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