Customer took my photo without my permission

[Steve Jones2]

In 25 years of trading, this is a first.
I was working in a customer’s home. I was completely unaware that she took a photo of me (without my permission) doing my job.
We’ve had a dispute over the job, and she has sent me an email of the photo. It has really freaked me out.
Why would she take a photo surreptitiously, at a point in time before we were in dispute?

 

[Gyumri]

There is nothing wrong in a customer taking photos of a workman doing the job that they have been engaged to do as that also provides a record of the work in progress.

Normally a workman would be proud that the customer is taking such a keen interest in their skills.

 

[FreddyG]

GDPR - Photos that can identify an individual are considered personal data. Taking and using such photos requires adherence to data protection regulations, including obtaining consent when necessary, depending on the context and purpose of the photo usage.

But if you are a plumber and despite GDPR, it's still best not to install boilers in the nude.

 

[fisicx]

Why would she take a photo surreptitiously, at a point in time before we were in dispute?

Because she wanted to dispute and not pay you. Not sure what a photo of you doing up your nuts proves.

 

[JEREMY HAWKE]

I would take a photo of them and use AI to show them shagging a sheep
Hope this helps

 

[Ian J]

I would take a photo of them and use AI to show them shagging a sheep
Hope this helps

It won't help the sheep

 

[Porky]

Who gives a fig.. as the kids would say "You really are deepening this"

You have a dispute and that will be annoying for sure, that's business. Just try and reach agreement. Not sure why she wants a picture of you, maybe she lacks anything more interesting to take pictures of. Maybe you are a hansom devil and she has a fettish for tradesmen, who knows, who cares. Some people are just plain odd.

If it's really bothering you, as a condition of agreement of the dispute you could add that you don't like photos of you taken without your permission and as part of the agreement they agree to delete the photo and any possible references to it. That should do it.

But seriously, just get a resolve, draw a line under it and don't give it a second thought. You can only control your actions not that of others and in the grand scale of things, is it really that big a deal?

Take care

 

[fisicx]

Maybe the client has a thing for cracks.

 

[HFE Signs]

GDPR - Photos that can identify an individual are considered personal data. Taking and using such photos requires adherence to data protection regulations, including obtaining consent when necessary, depending on the context and purpose of the photo usage.

But if you are a plumber and despite GDPR, it's still best not to install boilers in the nude.

Interesting, what about all the dash cam footage, domestic and commercial CCTV, they don't all seek permission to record us all? In the UK you are likely to be on some form of CCTV 70 times a day. Research by Clarion Security Systems done in 2022

 

[WaveJumper]

Some of the stories I've heard trades people getting upto in peoples home I'm surprised more people aren't recording them but that aside concentrate on getting the issue resolved and moving on. Out of interest did you take pictures of work before and after for reference

 

[Nathanto]

Taking and using such photos requires adherence to data protection regulations, including obtaining consent when necessary,

I think that's the key here and I'd suggest that consent isn't necessary to take a photo of a person working in your own home.

My view is that the customer would easily satisfy GDPR requirements on the basis of "legitimate interest".

 

[NickGrogan]

GDPR - Photos that can identify an individual are considered personal data. Taking and using such photos requires adherence to data protection regulations, including obtaining consent when necessary, depending on the context and purpose of the photo usage.

But if you are a plumber and despite GDPR, it's still best not to install boilers in the nude.

No it doesn't. GDPR does not apply to home recordings.

Home CCTV systems

ico.org.uk

Otherwise all the dodgy types would be lodging GDPR claims when they try and steal your car.

 

[Mark T Jones]

I'm still stuck on wondering what was in this photo to bother you so much...

 

[JEREMY HAWKE]

I think that's the key here and I'd suggest that consent isn't necessary to take a photo of a person working in your own home.

My view is that the customer would easily satisfy GDPR requirements on the basis of "legitimate interest".

To further this
A private individual does not have any GDPR obligations

 

[Nathanto]

To further this
A private individual does not have any GDPR obligations

That's not quite accurate; a private individual does not have any GDPR obligations if what they are doing is a “purely personal or household activity”.

I don't believe photos of a tradesmen would come under this exemption but "legitimate interest" would be a valid justification so the end result is the same - the customer can legitimately take photos of a tradesmen in most situations.

 

[JEREMY HAWKE]

That's not quite accurate; a private individual does not have any GDPR obligations if what they are doing is a “purely personal or household activity”.

I don't believe photos of a tradesmen would come under this exemption but "legitimate interest" would be a valid justification so the end result is the same - the customer can legitimately take photos of a tradesmen in most situations.

But then its business or other entities ie volunteering ect

 

[UK Contractor Accountant]

Photography & video recording is not a crime- you can take a photo or video record anything you like from a public space including the air space unless it has a restriction on it (airports, prisons etc), You don't need consent to film people in public.

 

[NickGrogan]

That's not quite accurate; a private individual does not have any GDPR obligations if what they are doing is a “purely personal or household activity”.

I don't believe photos of a tradesmen would come under this exemption but "legitimate interest" would be a valid justification so the end result is the same - the customer can legitimately take photos of a tradesmen in most situations.

ICO disagrees with you, photos/video of tradesman are a household activity

 

[ctrlbrk]

It's interesting that nothing specific about the dispute is mentioned in the OP.

almost feels like a way to deflect attention away from the core issue, as if someone (say) were to point out how you are dressed during a meeting which is really about something else.