Smile for the Camera — But Only with Informed Consent

It’s common practice for employers to take photos of staff during the course of their employment. These photos may be used for training materials, internal communications, team events, or external promotion such as recruitment campaigns and marketing content.

But it’s important to remember: a photograph is personal information, and in many cases, it can be sensitive personal information. That means enhanced privacy protections are required.

Regardless of the circumstance, your employee privacy statement should explain how and why staff photos may be collected, used, and disclosed. This should include both internal uses (like internal newsletters or training) and potential external uses (like public-facing reports or social media).

It’s also best practice to record when the privacy statement was provided to staff, and which version they received, to demonstrate transparency and accountability.

If staff photographs may be used outside the organisation such as in an annual report, on your website, or in media you should seek explicit, written consent. This ensures there is no misunderstanding about how the individual’s image will be used, and more importantly gives individuals the opportunity to say no.

Even if a staff member previously consented to the use of their image, ongoing use after they’ve left the organisation can be problematic. People may assume their photo won’t be used once they’re no longer employed and they may no longer feel comfortable being publicly associated with the organisation. In such cases, it’s highly recommended to reconfirm consent or remove the image altogether, especially when the use is non-essential.

A recent case from the Privacy Commissioner highlights the harm that can arise when individuals are unaware — and don’t agree with — how their image is used.

Respecting people’s privacy isn't just a legal obligation — it’s also a matter of trust and integrity. When you’re clear, upfront, and respectful about how you use personal images, you build a culture where staff feel safe and valued.