Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Beauty GDPR

  • 12-12-2019 5:31pm
    #1
    Registered Users, Registered Users 2 Posts: 12


    I work in the beauty industry, employed by a salon. I work very hard on my clients and after completing a treatment I am proud of I often take a picture with the clients approval and upload to my own personal social channels. I have been doing this for the last year or so. My boss recently pulled me aside and told me I was no longer allowed to promote my work on my own pages, only the business page(which I don't really have full access to so pictures have to be sent over to them to upload) They said that it was a Gdpr issue and that they are the businesses clients not mine. The clients are very very rarely recognisable in what I upload and I never mention a name. I also always mention the business and where I can be found. I know hairdressers that do this all the time with no Gdpr breaches.

    I'm a bit pissed off about the whole thing as I enjoyed building a portfolio online. Can anybody give some advice on whether or not this sounds right or is just a way to stop promoting my own work?


Welcome!

It looks like you're new here. Sign in or register to get started.

Comments

  • Registered Users, Registered Users 2 Posts: 1,566 Lotus Flower
    ✭✭✭


    Can't answer the GDPR comment for definite but I do think your boss has a point when they say they're their clients and not yours- you're employed by the salon and not freelance/ self employed. Also I think in some salons it's called out in terms and conditions that images may be used in promotional material (with consent of course). There'd be no comeback on this if a client kicked up a fuss that their images were used on a personal profile.

    Could you agree a compromise and ask them to upload the photos to the business social pages with a comment "hair/ nails/ makeup/ whatever by Lauren92" ?


  • Registered Users, Registered Users 2 Posts: 16,849 AMKC
    Ms
    ✭✭✭✭


    Maybe the Salon is worried that you might take there clients and set up your own business. Try and come to a compromise with them maybe like what the poster ''Lotus Flower'' above said.

    Live long and Prosper

    Peace and long life.



  • Registered Users, Registered Users 2 Posts: 940 angel eyes 2012
    ✭✭✭


    If the clients are idendifiable in the published images then you are processing personal data and all of the obligations of the GDPR and Data Protection Act apply. You (or the business) will be a Data Controller. I would not continue to publish any further personal data without a complete data protection impact assessment completed on the entire process.


  • Closed Accounts Posts: 422 Vetch
    ✭✭


    If the clients are idendifiable in the published images then you are processing personal data and all of the obligations of the GDPR and Data Protection Act apply. You (or the business) will be a Data Controller. I would not continue to publish any further personal data without a complete data protection impact assessment completed on the entire process.

    Data Protection Impact Assessments are only required in high-risk situations. Photos of beauty treatments on social media where people are rarely recognisable wouldn't come within a country mile of the threshold for a DPIA.

    OP, a GDPR 'issue' isn't necessarily the same as a 'breach'. A complaint about a posting on your social media could be made to the salon. They may also want to control their branding.


  • Registered Users, Registered Users 2 Posts: 940 angel eyes 2012
    ✭✭✭


    Vetch wrote: »
    Data Protection Impact Assessments are only required in high-risk situations. Photos of beauty treatments on social media where people are rarely recognisable wouldn't come within a country mile of the threshold for a DPIA.

    OP, a GDPR 'issue' isn't necessarily the same as a 'breach'. A complaint about a posting on your social media could be made to the salon. They may also want to control their branding.

    You don't know if a process is high risk unless you apply the screening questions. For all we know, this company could have hundreds of images online. The ICO recommends that it is also good practice to do a DPIA for any new process or project, which requires the processing of personal data. Fair enough, it might not be mandatory for this example, but DPIAs are quite straight forward. I would deem the publishing of customers' images by a business without a clear lawful basis to be at best, unprofessional and at worst, culminating in a data subject, exercising their rights by lodging a complaint with the DPC. That's why I indicated that a DPIA may actually assist, it could set out that the controller may be able to rely on legitimate interest instead of the dreaded basis of consent, once they have a privacy notice informing clients of their processing activities etc.

    In my experience, some data protection 'issues' have turned into breaches and vice versa. Can never be too vigilant.

    Op can find guidance on the DPC's website.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 2,763 Sheeps
    ✭✭✭


    I'm assuming that you would only be able to upload their image with the customers consent, and presumably if you asked them and are being paid by the salon, the contract of consent is with the business and not you personally. Uploading to your account (what is essentially a third party account) may in fact be a breach of GDPR.


  • Registered Users, Registered Users 2 Posts: 232 MinnieMinx
    ✭✭


    I think you need to take a step back and carefully consider your position as an employee. If you were self employed, it would be a slightly different matter.

    You need to be aware of your obligations under Intellectual Property laws. Any work that an employee does in the course of their employment belongs to the employer and in law the employee cannot claim it as their own so effectively, they may not take pictures and post them on their social media accounts without the express permission of the salon owner.

    Usually people think of Intellectual Property being about protecting Trade Secrets and new inventions which it does, but it also covers more mundane matters.

    With regards to GDPR, any photos taken of clients must also have the client’s express consent before publishing them, whether online or otherwise. If I was the salon owner, I’d expect the client to at least tick a box on the consultation form giving permission to take and publish photos. In addition, an employee found in breach of GDPR can be prosecuted individually (as well as the salon owner), so it’s not a matter to be taken lightly.


  • Closed Accounts Posts: 22,648 beauf
    ✭✭✭✭


    MinnieMinx wrote: »
    I ..... In addition, an employee found in breach of GDPR can be prosecuted individually (as well as the salon owner), so it’s not a matter to be taken lightly.

    Can you link to any example of an individual being prosecuted as you suggest.


  • Registered Users, Registered Users 2 Posts: 232 MinnieMinx
    ✭✭


    beauf wrote: »
    Can you link to any example of an individual being prosecuted as you suggest.

    https://www.springhouselaw.com/knowledge/employee-prosecution-for-data-protection-breaches/

    Although these are U.K. prosecutions, the EDPB promote consistency in the application of GDPR across member States so the DPC in Ireland will clearly have regard for such cases when carrying out reviews of application of GDPR at a National level.


  • Closed Accounts Posts: 22,648 beauf
    ✭✭✭✭


    Food for thought there alight. Only a matter of time before we see them in Ireland.


  • Advertisement
  • Closed Accounts Posts: 22,648 beauf
    ✭✭✭✭


    lauren92 wrote: »
    I work in the beauty industry, employed by a salon. I work very hard on my clients and after completing a treatment I am proud of I often take a picture with the clients approval and upload to my own personal social channels. ....

    I think you need to separate your personal portfolio from any connection with your employer.

    In many industries people are not allowed to use example from their jobs. They need to create examples done on your own time where you have full ownership of the work.


  • Banned (with Prison Access) Posts: 16 LillyLin


    spam


  • Registered Users, Registered Users 2 Posts: 16,849 AMKC
    Ms
    ✭✭✭✭


    You do know this was like 10 months ago when she asked this right? I think things have changed a lot since then what with Covid-19 and the whole Country having to shut down there is even no guarantee the company that she worked for is still in business. She could have her own business by now for all we know.

    Live long and Prosper

    Peace and long life.



  • Closed Accounts Posts: 22,648 beauf
    ✭✭✭✭


    Someone else might read this thread and find it useful.


  • Registered Users, Registered Users 2 Posts: 16,849 AMKC
    Ms
    ✭✭✭✭


    beauf wrote: »
    Someone else might read this thread and find it useful.

    True and good point.

    Live long and Prosper

    Peace and long life.



  • Registered Users, Registered Users 2 Posts: 1 Musab Hays


    beauf wrote: »
    Someone else might read this thread and find it useful.

    some posts on the forum are not useful - these are just timekillers for people who sitting at work, for example, they are bored and they read the forum


  • Closed Accounts Posts: 22,648 beauf
    ✭✭✭✭


    If you have a box of chocolates don't eat the ones you don't like. But good example.


Welcome!

It looks like you're new here. Sign in or register to get started.
Advertisement