Q: Does an employer require an employee’s permission to release photos of them?

A: If your business is covered by the Privacy Act 1988 (Cth), i.e. you have an annual turnover of more than $3 million per year, the Australian Privacy Principles (APPs) will restrict your supply of personal information to third parties.

In particular, APPs 8 restricts disclosure of personal information to overseas recipients and APPs 7 restricts disclosure to marketing companies. Even where you are not providing the photos to either of these sources, you may still require consent for use and disclosure under APPs 6.

Where the APPs do not apply, it would be best practice to seek an employee’s consent prior to releasing photos of them outside your business.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Privacy and data protection for current advice.