Subject: FW: Can a company process employees’ photos from internal company events under the GDPR?
From: "Johanna Albihn" <[email-masked]>
To: "AKI info"
Date: Wed, 22 Jan 2025 15:00:24 +0200

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

Please see below request for guidance.

Can you please respond.

Kind regards,

Johanna Albihn

Johanna Albihn

adLegus AB

Kungsgatan 29, 3tr

111 56  Stockholm

Tel: +46 (0) 8 21 00 20

Mobil: +46 (0)760 - 28 08 10

e-mail:  <mailto:[email-masked]> [email-masked]

 <http://www.adlegus.se/> www.adlegus.se

From: Johanna Albihn <[email-masked]>
Date: Monday, 13 January 2025 at 14:59
To: [email-masked] <[email-masked]>
Subject: Can a company process employees’ photos from internal company
events under the GDPR?

Dear Sirs/Mesdames,

Can you please let us understand the Estonian DPA’s/ Data Protection
Inspectorate’s (“DPI”) view on the appropriate legal basis for the
processing of employees’ photographs from internal company events, under
the GDPR.

Our understanding is that there are two relevant legal grounds for the
processing of photographs: on the one hand, the subject’s consent, on
condition that the consent is freely given, specific, informed and
unambiguous, or on the other hand, the company’s (or a third party’s)
legitimate interests which outweigh the person’s interests, in which case
the processing of the photo is necessary to serve those interests. Consent
would of course be the appropriate way as concern processing of photos
which are “nice to have” for a company, and not “need to have” within the
framework of legitimate interests.

However, according to the Swedish DPA (“IMY”) (Guidance
<https://www.imy.se/verksamhet/dataskydd/vi-guidar-dig/publicera-bilder-fi
lmer-och-ljud-pa-internet/>  from the Swedish DPA)  consent would become
unnecessarily complicated, particularly as obtaining consent can be
challenging when many individuals appear in the images. IMY therefore
recommend companies to identify an alternative lawful basis. IMY further
express that it, assumes that the company’s purpose is to inform about its
business (author’s note: implying that this purpose overweighs the
employees’ rights.) IMY continues by stating that for a company such
publication may be permissible under the lawful basis of legitimate
interests. It is further stated that this requires that the company’s
interest in publishing the images to inform about its activities outweighs
the interest of the individuals in the images in protecting their personal
data. The reasoning behind this assessment shall be properly documented by
the company.

Would this approach/reasoning also be made by DPI?

As concern consent (if that would be used as legal ground for the above
case), our understanding is that, the fact that employees are generally
considered not to be able to give their consent freely to their employers,
does not prevent consent here. In this case would consent be both possible
and appropriate – if the employee does not suffer any disadvantage if
he/she withholds this.

Please let us understand if DPI share IMY’s view on the above and could
confirm that i) a company would be able to argue legitimate interest as
legal when sharing (processing) employees’ photos from internal company
events and ii) otherwise would be entitled to ask for employee consent,
even if this in general would not be deemed in compliance with the GDPR.

We would very much appreciate your prompt response and please do not
hesitate to contact me directly if any queries related to our request for
clarification related to this general question.

Yours truly,

Johanna Albihn

Johanna Albihn

adLegus AB

Kungsgatan 29, 3tr

111 56  Stockholm

Tel: +46 (0) 8 21 00 20

Mobil: +46 (0)760 - 28 08 10

e-mail:  <mailto:[email-masked]> [email-masked]

 <http://www.adlegus.se/> www.adlegus.se