Privacy

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Using an employee’s image…to sell your beer

January 28, 2010 in Privacy, Workplace quandaries

hofbrauA couple of weeks ago I posted a story about an American clothing company which had used the image of President Obama (without his knowledge or consent) in its advertising campaign.  One of the comments that I made at the time was about how the same issue can arise in the context of a workplace – where an employer uses the image of an employee to promote its goods. 

Spookily enough, an issue on exactly these facts has come to light over the last couple of weeks. 

A woman employed as a waitress by a beer manufacturer at a festival last year has complained about her image being used – on a world-wide basis – to promote her employer’s product.  The woman says that she gave her permission for her picture to be used for a one-off restaurant promotion – but subsequently found her image on six packs, posters and computer screen savers as far and wide as New York and China. 

The article is worth a read.

 

Petitions and privacy rights?

August 6, 2009 in Privacy

images4An interesting question this week from the United States about privacy for employees who sign petitions.  

Let’s say that you feel particularly strongly about an issue of the day (perhaps something controversial), and you – along with many thousands of others – sign a petition for Parliament recording your opinion. 

Should the fact that you have signed that petition be a private matter – or, alternatively, should your employer be allowed to know what causes you are supporting in your spare time? 

The fact of your opinion should only give rise to an employment problem if there is some form of conflict of interest between your views and the requirements of your job.  But many employees would feel affronted by the prospect of being “outed” simply by signing a petition.  The story in the Wall Street Journal tells of contrary decisions in different States – one rationale being that petitions are public documents – and the other that, under the United States Constitution, there is a right to privacy around such things.

 

Workplace Secrets and Lies

May 21, 2009 in Dismissal, Privacy, Technology

password_starIt is sometimes said that secrets are dangerous things.

Most often, we are told absolute candour and open communication are important virtues in employment law.  But should that extend to compelling an employee to disclose a secret?

A recent decision of the Employment Relations Authority suggests that , depending upon the circumstances, an employee may be under an obligation to do just that.  Read the rest of this entry »

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