Out of date photos

Background 
A complaint was made that an individual’s former employer was still using photos of them in their marketing materials. This was causing issues at the individual’s new employer, as the new employer’s customers were led to believe that the individual was still working for the previous employer. 

This was an issue due to the relatively small, and competitive nature of the sector the companies worked in.

Learning points

• The key learning point from this case is that you must make it easy for someone to withdraw their consent if that’s the legal basis you are using to process their personal data. In this case the ‘personal data’ being ‘processed’ here is the person’s face - their identity - with a clear indication that they are a current employee. In small communities where people recognise each other it is important that your marketing material is up to date.