Can someone take pictures of our employees without their knowledge?

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Can someone take pictures of our employees without their knowledge?

They are completely discriminating and fat-shaming him as there were other construction workers not ours on site that aren’t as large, that had butt crack showing and also had shirts off because of the hot weather, however they didn’t complain about those workers. We removed him from the site but then the property manager sent us a picture that was taken by a resident without his knowledge. She

complained that residents were sharing the picture on social media and it was bringing down their image of being a

Asked on May 11, 2018 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't stop it, unfortunately: a person may be photographed if they are in an area that can be seen from a public place or location, or from someone else's own space (e.g. from someone's apartment) and the photograph can be shared with others, e.g. via social media. The photograph may not be used for monetary profit or commercial purposes without the person's permission, but noncommercial posting or sharing is permitted. A picture of someone in an undressed or intimate state cannot be posted or shared, but of someone working, wearing their "outdoors" clothing, is legal. You can bar people from taking pictures if the person is physically on space you control, but not if they are in their own space or a public area.


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