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ARTICLE · 05 NOVEMBER 2012

The Right To Image - Employee

The image right is a right (developed by jurisprudence and doctrine), which requires the prior permission of someone in order to take or use his image.

BelgiumPrivacy
Griet Verfaillie
Griet Verfaillie
Lynn Pype
Lynn Pype

The image right is a right (developed by jurisprudence and doctrine), which requires the prior permission of someone in order to take or use his image.

Hence, before taking a photo or a video of someone, basically his permission must be asked. If you want to use these photos or videos (for example, for publication on the Internet or in a newspaper) afterwards, permission needs to be asked again. After all, permission to take someone's photograph does not automatically imply the permission to use it. This authorization must be obtained separately.

However, when someone is in a public place, his picture can be taken without his explicit consent. There are several trends in the jurisprudence, but the majority agrees on the principle that when someone is in a place - accessible to the public - he has given tacit approval to be photographed.. Regarding the authorization for the use or reproduction of an image or video, it  depends on whether the person concerned is

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