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Permission surrounding posting photos on social media without permisson

louise71

New member
Sep 15, 2020
1
My Grandmother is currently in a home and has recently been diagnosed with Dementia, during lockdown we have been unable to see her or get photos of her. We have recently found out that a non family member has been receiving photos of grandmother without asking the family members permission. When the home have been asked about this they simply say we asked grandmother and she said yes, we have asked grandmother if she knows her photos are being sent and she said she doesnt want them sending them out. What can we do to sort this out correctly
 

Jale

Registered User
Jul 9, 2018
502
Does your grandmother still have capacity or is there an LPA for health in force. Mum's nursing home asked us to complete a form, and it was updated just before lockdown, as to whether we gave permission for photo's to be posted on their facebook page which could be seen by anyone or if we gave permission for "in house" photo's which would only be put on notice boards for birthdays etc, or no photo's at all. We knew mum wouldn't want her picture shown on the web so we gave permission for in house only. Not sure if this applies to all homes, but perhaps a word with the home would be your first point of contact. Good luck and I hope that someone with more knowledge will be along
 

Rosettastone57

Registered User
Oct 27, 2016
1,395
My Grandmother is currently in a home and has recently been diagnosed with Dementia, during lockdown we have been unable to see her or get photos of her. We have recently found out that a non family member has been receiving photos of grandmother without asking the family members permission. When the home have been asked about this they simply say we asked grandmother and she said yes, we have asked grandmother if she knows her photos are being sent and she said she doesnt want them sending them out. What can we do to sort this out correctly
Just to be sure, are you saying that the pictures are being sent to someone's personal Facebook/Instagram or email address rather than appearing on the care home public website/Facebook account?
 

MartinWL

Registered User
Jun 12, 2020
398
Contrary to some people's belief there is no right not to be photographed. Permission is not needed to take pictures of a person. Of course it may be very rude to do so but once taken they belong to the photographer and the person depicted has no right to be consulted about how they are used. Think of how celebrities try to hide from the paparazzi. They would love to forbid the latter from snapping away but they can't.

Now, it might have been morally wrong of the care home to permit these pictures to be taken of someone who didn't understand how they might be used. But now that they have been taken nobody but the photographer has any right to say how they are used or published.

The best thing now is to instruct the home not to permit any more photography. That might mean not letting the photographer see her at all. In any case unless these pictures are damaging in some way no harm will be done.
 

jennifer1967

Registered User
Mar 15, 2020
1,220
Southampton
Contrary to some people's belief there is no right not to be photographed. Permission is not needed to take pictures of a person. Of course it may be very rude to do so but once taken they belong to the photographer and the person depicted has no right to be consulted about how they are used. Think of how celebrities try to hide from the paparazzi. They would love to forbid the latter from snapping away but they can't.

Now, it might have been morally wrong of the care home to permit these pictures to be taken of someone who didn't understand how they might be used. But now that they have been taken nobody but the photographer has any right to say how they are used or published.

The best thing now is to instruct the home not to permit any more photography. That might mean not letting the photographer see her at all. In any case unless these pictures are damaging in some way no harm will be done.
theres usually a form to ask permission like they do in schools. its fine if that person has capacity but if they havent how they going to say yes to being photographed in the first place and how they are used just like children and theres uproar when childrens pictures are used without permission so to my mind it should be the same for those that dont have capacity whether the photographer has the rights after taking them
 

Louise7

Registered User
Mar 25, 2016
2,578
Welcome to the forum @louise71 you'll find that this is a friendly and supportive group. I think it would be helpful to know a few more details. From what you have posted, the care home have not sent the family any photos of your grandmother during lockdown but have sent some to a non-family member? Is this a friend of your grandmother? It doesn't sound as if it's the home who have posted photos on social media and as others have said, as there is an implied right to privacy within your own home it seems to be standard practice for care homes to obtain permission prior to posting photos of residents publicly - my mum's care home asked me to sign a consent form. During lock down as video calls were not successful I was sent some photos of mum so that I could see how she was, which I was really grateful for. Is the non-family member someone who visited your grandmother regularly pre - lockdown?

If your grandmother agreed to the photos being sent to the individual at the time then there's not a lot you can do about it. The fact that the individual who received the photos has posted them on social media, without letting family know, is a separate issue. I think if that had happened to me I wouldn't be happy to see photos of mum posted on social media without checking with me first either, especially if I hadn't been receiving any photos myself. Has the family made any attempt to speak to the individual to discuss the situation?
 

MartinWL

Registered User
Jun 12, 2020
398
theres usually a form to ask permission like they do in schools. its fine if that person has capacity but if they havent how they going to say yes to being photographed in the first place and how they are used just like children and theres uproar when childrens pictures are used without permission so to my mind it should be the same for those that dont have capacity whether the photographer has the rights after taking them
You may have a point but adults are not the same as children and even children don't have the right to control who photographs them. If people of any age had rights like that it would be impossible to take photos in any public place like a street or a beach.

In this case the issue is why the care home allowed photography. We don't know but we must assume they thought the resident was happy about.
 

MartinWL

Registered User
Jun 12, 2020
398
What is not clear here is: who took the pictures? Copyright belongs to that person. If it was a member of the care home staff acting in the course of employment then the rights belong to the home.
 

Louise7

Registered User
Mar 25, 2016
2,578
You may have a point but adults are not the same as children and even children don't have the right to control who photographs them. If people of any age had rights like that it would be impossible to take photos in any public place like a street or a beach.
Agreed, but the OP's question isn't about photos being taken in a public place. Without more information we don't know the actual circumstances. Care homes won't be letting professional photographers in at the moment so it could be a case of a staff member simply taking a snap on a phone and sending it to someone who is a regular visitor to the resident, having first obtained the permission of the resident to do so. The resident is now saying, when asked by family, that she doesn't want any photos sent out but there is no suggestion from the OP that her grandmother doesn't have the mental capacity to decide either way, or that the individual who posted the photos on social media did so knowing that the photos had been taken without the consent of the resident. Hopefully the OP will come back and tell us more about the situation.
 

jugglingmum

Registered User
Jan 5, 2014
5,952
Chester
Contrary to some people's belief there is no right not to be photographed.
This is correct in a public place eg a park or on the street for both children and adults but in the UK if you are on private premises you cannot be photographed without permission - so in a care home is not a public place and permission is needed for photographs.
 

jennifer1967

Registered User
Mar 15, 2020
1,220
Southampton
You may have a point but adults are not the same as children and even children don't have the right to control who photographs them. If people of any age had rights like that it would be impossible to take photos in any public place like a street or a beach.

In this case the issue is why the care home allowed photography. We don't know but we must assume they thought the resident was happy about.
but if they have not got capacity then someone else has to give consent for them and it happened within the home like permission needed to photograph children at school was what i was getting at. i know you cant do anything about photos done in public which wasnt my point my point was about permission within a building community
 

MrsV

Registered User
Apr 16, 2018
194
Northamptonshire
Contrary to some people's belief there is no right not to be photographed. Permission is not needed to take pictures of a person. Of course it may be very rude to do so but once taken they belong to the photographer and the person depicted has no right to be consulted about how they are used. Think of how celebrities try to hide from the paparazzi. They would love to forbid the latter from snapping away but they can't.

Now, it might have been morally wrong of the care home to permit these pictures to be taken of someone who didn't understand how they might be used. But now that they have been taken nobody but the photographer has any right to say how they are used or published.

The best thing now is to instruct the home not to permit any more photography. That might mean not letting the photographer see her at all. In any case unless these pictures are damaging in some way no harm will be done.
hi there,
They have to ask for permission to be used, it’s called GDPR. Photos can be taken at a distance in groups but not close up face shots. The home must seek permission before posting -unless as above. Same as Schools, sports clubs etc
 

Rosettastone57

Registered User
Oct 27, 2016
1,395
Unfortunately without further information from the opening poster, I can't see how this thread will progress
 

MartinWL

Registered User
Jun 12, 2020
398
This is correct in a public place eg a park or on the street for both children and adults but in the UK if you are on private premises you cannot be photographed without permission - so in a care home is not a public place and permission is needed for photographs.
I should like to see a reference to the law that says that.
 

MartinWL

Registered User
Jun 12, 2020
398
hi there,
They have to ask for permission to be used, it’s called GDPR. Photos can be taken at a distance in groups but not close up face shots. The home must seek permission before posting -unless as above. Same as Schools, sports clubs etc
Agree this would be the case if it was a clear face picture, from which the person would be recognised. We do not know what these pictures show.
 

jennifer1967

Registered User
Mar 15, 2020
1,220
Southampton
Agree this would be the case if it was a clear face picture, from which the person would be recognised. We do not know what these pictures show.
none of us have full details this is a supportive forum not one that lets people argue and have to prove the point to make sure it is correct. we dont question others knowledge but are glad of it being given