Can an employer post an employee’s photo on social media without their consent?

Hello,

Thank you for your question!

Regarding posting an employee’s photo on social media platforms like LinkedIn or Instagram without the employee’s consent:

- Employee Consent:

Generally, using an employee’s photo without consent can raise privacy and data protection issues. Employers are advised to secure written consent before publishing such images, even if taken in the office.

- Profile Information:

Concerning the update of company details on personal profiles, while employers can request updates for consistency and corporate representation, forcing changes on personal social media profiles could be challenged as an invasion of personal rights.

For a definitive legal opinion tailored to your situation, we recommend booking a consultation with us, or considering formal representation.

Best regards,

No, this is illegal.

Hello,

Under UAE law, an employer cannot post an employee's photo or update personal details on their LinkedIn or Instagram profile without the employee's consent.

LinkedIn and Instagram profiles are personal accounts, and employees cannot be forced to update their details or have their photos shared.

If these rights are violated, you can seek legal advice from our firm, which specializes in such cases. You can contact us via WhatsApp for further legal support.

Dear Inquirer,

We are pleased to serve you and address your inquiries.

A person's personal accounts on websites are his private property and may not be used without his consent.

Dear Client,

Thank you for your inquiry regarding the legal implications of an employer posting an employee’s photo on social media without consent and forcing updates to personal profiles on platforms like LinkedIn or Instagram.

Below is a professional response based on UAE laws and regulations:

1. Posting an Employee’s Photo Without Consent:

Under UAE law, posting an employee’s photo on social media without their explicit consent is considered a violation of privacy and may lead to legal consequences for the employer. Key legal provisions include:

a. Federal Decree-Law No. 5 of 2012 on Cybercrimes (Cyber Crimes Law)

b. Article 21: It is a criminal offense to take, publish, or display someone’s photo without their prior consent. This includes posting photos on platforms like LinkedIn or Instagram.

c. Federal Decree-Law No. 31 of 2021 (UAE Penal Code)

d. Publishing someone’s photograph without their consent constitutes an invasion of privacy.

e. The Copyright Law (Federal Decree-Law No. 38 of 2021) also prohibits publishing or distributing images without prior agreement.

f. Violations can result in:

- Imprisonment for up to one year.

- Fines ranging from AED 150,000 to AED 500,000.

g. Key Considerations:

- Consent must be obtained in writing or electronically before using an employee’s image for any purpose, even if the photo was taken in the workplace.

- Lack of objection does not constitute consent under UAE law.

2. Forcing Employees to Update Personal Profiles:

Employers cannot legally force employees to update personal social media profiles with company details. Platforms like LinkedIn and Instagram are considered personal spaces, and such demands may infringe on employees' rights to privacy and autonomy.

Under Federal Decree-Law No. 45 of 2021 on Personal Data Protection:

- Employers must obtain explicit consent before processing or using personal data, including requiring updates to social media profiles.

- Employees have the right to refuse such requests without facing retaliation.

3. Right to Workplace Privacy

Employees are entitled to workplace privacy under UAE labor laws, which extend to personal social media accounts.

Employers must respect employees’ rights to manage their profiles independently unless there is a contractual obligation (e.g., a social media policy agreed upon during employment).

4. Recommendations:

To address this situation:

a. Document the Issue: Retain evidence of unauthorized photo use or coercion attempts (e.g., screenshots, emails).

b. Raise Concerns Internally: Communicate your concerns with your employer or HR department in writing, referencing relevant UAE laws.

c. File a Complaint if Necessary: If the employer persists, you may file a complaint with:

- The Ministry of Human Resources and Emiratisation (MOHRE) for labor-related grievances.

- The police for privacy violations under the Cyber Crimes Law.

In summary, posting your photo without consent is a breach of UAE privacy laws and may result in legal penalties for your employer. Forcing updates to personal social media profiles violates your rights under data protection laws and workplace privacy regulations.

If you require further assistance or legal representation, I recommend consulting a lawyer who specializes in UAE labor law and data protection.

Best regards,

ABDUL WAHIED