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Old 13.07.2011, 09:23
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Datenshutz/personal data protection support

I've had a bit of a problem lately with a certain company (that will remain unnamed) posting pictures of people in their marketing materials without permission.

I've done a bit of searching, but I'm only really coming up with consumer protection information, which I don't think this qualifies as.

As far as I understand, the usage of likeness must be expressly consented, usually through written agreement. What I don't know is how to enforce this, and what the penalties to the offending party would be. I've now sent about five emails to this company, requesting that the images be removed but as of today they are still live.

Does anyone know of a data protection type of organization that I could contact to give a bit more push, or should I just be contacting a lawyer to force them to remove them, and possibly compensate?

Many thanks for any guidance.
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Old 13.07.2011, 09:40
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Re: Datenshutz/personal data protection support

What is your relationship to the company in question?
Is it your image that is being used? If so, how was it obtained?
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Old 13.07.2011, 09:43
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Re: Datenshutz/personal data protection support

Try contacting "The Federal Data Protection and Information Commissioner (FDPIC)" for advice.

Good luck and it will be great to know what transpires.
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Old 13.07.2011, 10:09
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Re: Datenshutz/personal data protection support

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What is your relationship to the company in question?
Is it your image that is being used? If so, how was it obtained?
No, it is not my image, but I've been asked if I can help.

The "subject" was a client of the company. The pictures were taken with everyone aware, though after the fact, before the images were posted, the subject spoke with the director and requested that the images not be used, which was agreed to at the time.

The primary reason, is that the organization has pulled several ethically questionable moves, and the subject doesn't want any association, especially as a face for them.

Edit: reread your question as how I'm involved with the company - I'm not. I've never worked there, never met the directors and have never been a client there.

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Try contacting "The Federal Data Protection and Information Commissioner (FDPIC)" for advice.

Good luck and it will be great to know what transpires.
Many thanks, I'll let you know what they say.
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Last edited by Fridge; 13.07.2011 at 10:46.
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Old 13.07.2011, 10:17
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Re: Datenshutz/personal data protection support

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I've had a bit of a problem lately with a certain company (that will remain unnamed) posting pictures of people in their marketing materials without permission.

I've done a bit of searching, but I'm only really coming up with consumer protection information, which I don't think this qualifies as.

As far as I understand, the usage of likeness must be expressly consented, usually through written agreement. What I don't know is how to enforce this, and what the penalties to the offending party would be. I've now sent about five emails to this company, requesting that the images be removed but as of today they are still live.

Does anyone know of a data protection type of organization that I could contact to give a bit more push, or should I just be contacting a lawyer to force them to remove them, and possibly compensate?

Many thanks for any guidance.

have you tried the police?
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Old 13.07.2011, 10:31
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Re: Datenshutz/personal data protection support

This is more of a copyright breach than a Data Protection issue.
Issue a cease and desist notice, then contact solicitors if no satisfaction is gained. Costs will exceed any damages (unless your friend is famous/recognisable) but should be recoverable.
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Old 13.07.2011, 10:31
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Re: Datenshutz/personal data protection support

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have you tried the police?
As far as I understand, this would be civil code, so they won't deal with it...
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Old 13.07.2011, 10:43
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Re: Datenshutz/personal data protection support

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Try contacting "The Federal Data Protection and Information Commissioner (FDPIC)" for advice.

Good luck and it will be great to know what transpires.

Just got off the phone with them.

I am to send a registered letter to the company with the demands and then contact lawyers. She said it's pretty straight forward for usage of likeness - if you're not professionally employed (model etc.) then you can withdrawal your consent at any time and they have to comply. They were really quite helpful, and gave me a list of the acts to reference - saves me a few hours of research.

Given that this is essentially the same deal as the emails, they won't be responding. Any recommendations for a lawyer?
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Old 13.07.2011, 11:10
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Re: Datenshutz/personal data protection support

You might be surprised. A lot of times a registered letter will make people take the matter seriously. At least the gerance at my husband's old temp apt had a distinct about face when we sent a registered letter. I have a feeling that email isn't considered official, legal communication in Switzerland (which could explain how people in offices will send out official emails with no capitalization or punctuation).

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Just got off the phone with them.

I am to send a registered letter to the company with the demands and then contact lawyers. She said it's pretty straight forward for usage of likeness - if you're not professionally employed (model etc.) then you can withdrawal your consent at any time and they have to comply. They were really quite helpful, and gave me a list of the acts to reference - saves me a few hours of research.

Given that this is essentially the same deal as the emails, they won't be responding. Any recommendations for a lawyer?
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Old 13.07.2011, 11:16
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Re: Datenshutz/personal data protection support

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Just got off the phone with them.

I am to send a registered letter to the company with the demands and then contact lawyers. She said it's pretty straight forward for usage of likeness - if you're not professionally employed (model etc.) then you can withdrawal your consent at any time and they have to comply. They were really quite helpful, and gave me a list of the acts to reference - saves me a few hours of research.

Given that this is essentially the same deal as the emails, they won't be responding. Any recommendations for a lawyer?
Thanks for the update and glad they were helpful and able to assist.

I agree with @tearley that they may well take a registered letter much more seriously than email communications.

No experience of lawyers here so am unable to make a recommendation but hopefully another EFer can help with that.
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Old 13.07.2011, 12:15
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Re: Datenshutz/personal data protection support

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Any recommendations for a lawyer?
sent you a PM.
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