Employee faces personal information? The necessity of portrait rights and legal review.
Article posted in 2024-11-20 10:20:29 | VEAT
Modern companies often conduct online marketing in various ways, and this process frequently involves using photographs of employees, such as their faces. However, when marketing is done using employee photographs, the relevant procedures must be followed in accordance with applicable laws and regulations.
Law firm Veat, at the request of a non-face-to-face mediation platform A (hereinafter "client"), reviewed these issues and provided legal advice on the drafting of consent forms and consent procedures necessary to lawfully use the faces of employees.
What legal issues could arise when using someone's face?
◾ Possibility of Portrait Rights Infringement
|
Supreme Court Ruling, April 13, 2023, Case No. 2020da253423 Everyone has the right not to be photographed or depicted in drawings and not to be publicly disclosed or used for profit concerning their face or other physical characteristics that can be socially perceived as identifying a specific individual. This portrait right is also constitutionally protected under Article 10(1) of the Constitution, so unless there are special circumstances, any unlawful infringement thereof constitutes a tort. |
Using someone's face for profit without their consent can lead to a violation of that person's 'portrait rights'.
Especially, using not only the faces of employees but also any physical characteristics that can be socially perceived as identifying a specific individual without permission could infringe upon the employees' portrait rights, so caution is needed.
◾ Necessity of Consent for Personal Information Collection and Use
|
Personal Information Protection Act Definitions (Article 2) The following terms shall have the following meanings when used in this Act: Article 15 (Collection and Use of Personal Information) (1) A personal information processor may collect personal information and use it within the scope of the purpose of collection if any of the following conditions are met: |
Using someone's face for profit without their consent can lead to a violation of the 「Personal Information Protection Act」.
The Personal Information Protection Act defines information related to a living individual, such as names, resident registration numbers, and images, as personal information, and to collect and use such personal information, consent from the information subject, or the person to whom the information belongs, must be obtained unless there are special circumstances.
A person's face is generally considered to be personal information, so when using employee faces for online marketing, it is generally necessary to provide certain information as stipulated in the Personal Information Protection Act and obtain employee consent.
◾ Necessity of Consent for Third-Party Provision of Personal Information
|
Personal Information Protection Act Article 17 (Provision of Personal Information) (1) A personal information processor may provide (including sharing) personal information of an information subject to a third party if any of the following conditions are met: |
As mentioned above, since a photograph of a living individual’s face is likely to be considered personal information, it is generally necessary to obtain the information subject’s consent before providing it to a third party.
Due to the nature of online marketing, there is a high probability that the information of a specific employee will be provided to a third party when using their face in marketing. In such cases, it is generally necessary to inform the third party receiving the personal information, the purpose for which the personal information is being used, and obtain their consent.
Customized legal advice from Law firm Veat, possessing expertise in personal information
Law firm Veat reviewed the Personal Information Protection Act, guidelines from the Personal Information Protection Committee, and examined the validity of the consent obtained from employees who are the subjects of the faces used for online marketing by the client. Also, the firm provided detailed guidance on the consent form format and consent methods to be used in future cases.
Law firm Veat, based on its deep expertise in IT, startups, and personal information protection, meticulously reviewed the client’s inquiries in this case to ensure compliance with the 「Personal Information Protection Act」 and other relevant laws, and provided customized legal advice. If you need legal advice to minimize legal risks related to the collection and use of personal information and to operate your company stably, we recommend that you seek assistance from Law firm Veat.
Thank you.
Law firm Veat