Q. Do we need a signed waiver before we post pictures of our staff on our website, Facebook page or other Web-based media? — Ann, Illinois
A. I do recommend that you obtain your employees’ consent before you use their images in your company materials. Not only does that help you avoid common law claims of invasion of privacy—which can include the use of someone’s image without their consent—but also should allow you to continue using those images after the individual is no longer in your employ.
Such a consent need not be complex. Check with an attorney in your state for a means of obtaining agreement—at time of hire, for example—that will work best for your workplace.
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