Legal questions about filming in the workplace?

Questioner

We were filmed at our work without permission by a client and we absolutely do not agree with that. It is also on the internet. What can we do about that?

Lawyer

Filming or photographing in a place accessible to the public is permitted, but the presence of cameras must be clearly indicated. In closed spaces - including at work - people may not be filmed in principle. There must be a compelling interest. And again, it must be explicitly announced. When publishing such a film or photo, the portrait rights of the persons depicted must be taken into account. The workplace is also a closed environment. Employees may not simply take photographs or film at the workplace or in a company premises. They must also be informed in advance of the presence of the camera. And here too, the balancing of interests must be in favour of the employer. Publication of a photo or film recording in which someone is recognisable may be a violation of portrait rights. The person portrayed must be able to demonstrate a reasonable interest (such as privacy) on the basis of which the work may not be published. If a recording or photo has been made lawfully, that does not mean that it may be published. Such a recording is namely a portrait of the persons in it, and therefore the portrait right applies. The copyright law considers such an image as a 'portrait other than commissioned'. This may only be published if it does not endanger a reasonable interest of the person portrayed. Usually this will concern a privacy interest.