Photo without consent??

[CoffeeBreakIn5]

At my workplace (I am the manager) we had a disgruntled customer. I was dealing with his complaint in the office where he was nasty. His complaint has come back in writing and includes photographs of me which were taken without my knowledge or consent.

I was the person dealing with the complaint, but was nothing to do with what he said happened and I didn't witness it.

Is this legal? Are customers allowed to do this? And if not, what can I do about it? My boss doesn't seem to know, although he'd be supportive if it wasn't. I'm in the uk.

Thank you.

I don't think you need consent to take someone's photo.

OFGS. Wind your neck in.

I think it's a valid question really, whether this can happen at your place of work where someone is simply doing their job. Out and about in public, fair enough, you can control how you respond to someone. At work, you are limited.

I haven't included the details of the situation of course, I don't think the snarky responses would have happened if I had. It would seem that the posters on here have jumped over from AIBU. Which I was not asking.

In the U.K., no consent is needed and the copyright remains with the photographer. Don't know the law where you are. I'd imagine it's similar.

Thanks Agent, I'm in the UK.

Sorry - I've not got my glasses on. I thought your last line said "I'm not in the uk!"

So, unless it was a shopping mall or somewhere where people aren't allowed to take photos by order of the centre management, there's probably nothing you can do. Agree it must feel v intrusive.

Don't worry! Thanks for the information, it does feel intrusive - quite creepy really because I wasn't anything to do with the complaint just the person on the desk enforcing company policy.

The thing is, now I know there is no law against it I can give my head a bit of a shake and get on with it. I'll certainly be more aware next time. I'm pretty new to my role and still experiencing how awful the public can be in general .

In the U.K., no consent is needed and the copyright remains with the photographer
^This^

Your consent is not required to take a photo of you as long as you are in a place where privacy cannot reasonably be expected.

Think about the paparazzi for example, they take photos all day and they are the ones that own the copyright of their photos and therefore can sell them.

It's obviously not legal but it's alarming behaviour and I'm struggling to think of a scenario where such action would be warranted? Surely that could be described as harassment? I don't know, but the complainant seems to be struggling to separate the company policy from the person who delivered that to him, and that would worry me. People get visits from CPSOs for "a little chat" for much less.

Thank you Craic that's exactly why I asked - it just doesn't seem right. Now I know that it's not illegal I know that it's not as simple as phoning the police, but maybe if I tell them how it's made me feel harassed then they might act. I just don't see how it's allowed under these circumstances:

And yes, it's extreme and really odd behaviour. An example of some of the glorious public I deal with, some days I feel like things can't get much worse and then they do. I'd understand extreme reactions where life and death are involved but honestly, I work with cars. Not news ones.

This is so wrong.

I get if you’re in a public place, you take a photo, and someone happens to be in the background, fair do’s.

But to take a specific photo of someone without their consent, is wrong. IMO.

It means people, as long as they are in public, can take a photo of you, directly of you, and there’s nothing you can do.

Yes it is creepy.

My NC family try and take photos of my children, and there’s fuck all I can do

But to take a specific photo of someone without their consent, is wrong. IMO
It may be morally wrong but it isn't illegal.

maybe if I tell them how it's made me feel harassed then they might act. I just don't see how it's allowed under these circumstances
There isn't much you can do about what has already happened but going forward you could put up a sign in your office stating something like -

"THIS IS PRIVATE PROPERTY AND PHOTOGRAPHY IS NOT PERMITTED UNLESS AGREED BY [INSERT NAME]."

Thing is on private property you can ask people not to take photos or refuse them entry or ask them to leave but once the photos are taken you cannot delete them or destroy them without the photographer's permission. I know, bloody stupid.

As for harassment in English law, it needs to be a course of conduct which amounts to harassment of another which the defendant knows, or ought to know amounts to harassment of another. The general consensus is that taking a single picture or even several pictures is unlikely to be considered a course of conduct. Who knows though until it is tested in the courts??

Hi OP,
Can you say what the point was in him including the photo with his written complaint? Was it to identify yourself or was it to show he had been in to make the complaint, or some other reason. Presumably the office is a private office and not generally open to the public, and the photo was taken covertly, I.e. he didn't get his phone out and clearly take a picture.

I hate folks taking photos of me, my mates know never to do it, I've got good reason as well, not that it matters. You should not be taking photos of anyone without permission regardless. So in that vein, I'd be furious myself.

Folks that walk around taking photos of people are a bloody scourge. It might not be illegal to do it, but it's certainly bloody polite to ask. I'm afraid it's one of those privacy issues that is pretty much impossible to regulate, and it's a hugely polarising subject.

You should not be taking photos of anyone without permission regardless
In a public place, anybody can take a photo of you without your consent.

You may not like it but that is the law.

Has this person threatened to use this photo against you in some way? Are they blackmailing in some form to get a better outcome to their complaint by having this record of their complaint?
I imagine what he could do with the photo would decide if it's harassment or indeed illegal.

@PersianCatLady I think you'll find I clarified that in my second paragraph. The part where I said it wasn't illegal.

@PersianCatLady I think you'll find I clarified that in my second paragraph. The part where I said it wasn't illegal
Sorry I don't know why I didn't see that when I first read your post.