Employee Image Rights: Consent, Social Media, and Ownership in New Zealand Workplaces

In today’s digital world, showcasing your team on social media and your company website is a powerful way to build brand trust and attract talent. But before you post that photo from Friday’s team lunch or a behind-the-scenes video, it’s essential to understand the legal and ethical requirements around using employee images in New Zealand.

Why Consent Matters Under NZ Law

Employee photos are considered personal information under the Privacy Act 2020, which means employers must handle them with care. Simply taking a photo at work doesn’t give you the right to use it for marketing or external purposes. The law requires:

Clear, informed consent: Employees must know how their image will be used (e.g., on social media, in recruitment ads, or on your website).
Specificity: A vague “we might use your photo” clause isn’t enough. State the exact platforms and purposes.
No secondary use without consent: If you collected the photo for internal use, you cannot later use it for public marketing without fresh permission.

Failing to follow these rules can lead to complaints to the Privacy Commissioner, reputational damage, and even compensation payouts.

Best Practices for Getting Permission

1. Use a Photo Consent Form
A written consent form is the safest approach. It should include:

Where and how the image will be used (website, social media, print).
How long consent lasts.
The employee’s right to withdraw consent at any time.

2. Include Image Use in Your Workplace Policy

Outline your approach in your social media or IT policy.
Make it clear that photos require permission and specify who approves posts.

3. Communicate Transparently

Explain why you use images (e.g., to promote company culture) and reassure staff that their privacy matters.

Who Owns the Content When Employment Ends?

Ownership of the photo itself usually belongs to the company if taken during work for business purposes. However, the right to use an identifiable image depends on consent. If an employee withdraws consent or leaves the company, you may need to remove their image from marketing materials unless:

The consent form explicitly allows continued use after employment ends.
There is another lawful basis for retention (rare in marketing contexts).

Best practice? Plan for post-employment scenarios in your consent form. Include a clause stating whether images will remain in archived content or be removed upon request.