Your right to control your photos and videos in British Columbia

If someone publishes a photo of you that makes you uncomfortable, can you do something about it? The straightforward answer is “it depends.”

The Privacy Act makes it unlawful for a person to violate the privacy of another. However, whether you can claim privacy in a particular photo or video will depend on the circumstances in which it was taken, as well as how such media is being used.

For example, if someone were to use your photo or video to advertise or promote a product or service, then they are not entitled to publish it unless they have your consent. On the other hand, if the photo is a group photo or video, and you are not tagged or identified in any another way, then your rights are limited.

As a general rule, note that entitlement to privacy is not automatic. It exists only if a reasonable person would have an expectation of privacy under the circumstances, keeping in mind the lawful interests of others. In addition, the occasion on which the conduct occurred, any relationship between you and the person who took the photo or video are important considerations.

Overall, there are only two questions that need to be answered:

1. Are you entitled to privacy?

2. If so, was your privacy violated?

Our lawyer Amit Jyoti Sandhu is a Certified Information Privacy Professional in Canada and is fully equipped to advise you, should you have any questions or concerns. Feel free to reach out to her at 604-993-0994 or write to her at aj@sglawpartners.com