The use of photographs and videos of employees on websites, social media, advertising campaigns, or corporate materials is a common practice among companies. However, when an employee is no longer part of the organization, important questions arise: Can the company continue using their image? Is it required to remove the publications? What does Panamanian law establish?
The answer will depend largely on the authorization granted by the employee and how the company uses the material. Reviewing these matters proactively can help prevent legal disputes and protect both the organization and the individuals involved.
What Does Panamanian Law Say About the Use of Employees’ Images?
In Panama, a person’s image is a protected right. In addition, the processing of photographs and videos that make it possible to identify an individual may be subject to the provisions of Law 81 of 2019 on Personal Data Protection, as well as other applicable civil, labor, and individual rights regulations.
For this reason, companies should ensure that they have valid authorization when using employees’ images for advertising, promotional, or institutional purposes.
The existence of an employment relationship does not automatically mean that a company may freely use photographs or videos of its personnel. Consent should be granted for a specific purpose and properly documented.
Can a Company Continue Using the Image of a Former Employee?
The termination of an employment relationship does not automatically mean that every photograph or video must be immediately removed. However, it also does not mean that the company has the right to use the former employee’s image indefinitely.
Each case should be analyzed according to its particular circumstances, especially considering:
- The content of the signed authorization.
- The purpose for which the use was authorized.
- The period during which the material was authorized for use.
- The media or platforms where the content was published.
- The way in which the former employee’s image is currently presented.
For example, if a publication continues to present a person as an active member of the company when they are no longer employed there, legal issues or even claims related to the right to one’s own image or the protection of personal data could arise.
What Should an Image Use Authorization Include?
A well-drafted authorization provides greater legal certainty for both the employee and the company.
Some of the aspects that should be clearly established include:
- The purpose for which the image will be used.
- The authorized distribution channels (website, social media, print advertising, digital campaigns, among others).
- The period during which the material may be used.
- Whether the authorization remains valid after the employment relationship ends.
- Whether photographs and videos may be edited, adapted, or reused.
- The mechanisms for withdrawing consent, when applicable.
The more specific the document is, the lower the risk of differing interpretations between the parties.
When Can a Former Employee Request the Removal of Their Image?
There are situations in which a former employee may request that the company remove photographs or videos in which they appear.
This may occur, for example, when:
- There is no written authorization.
- The authorization was limited exclusively to the duration of the employment relationship.
- The content exceeds the scope of the original authorization.
- The publication creates the impression that the person continues to work for the company.
- The use of the image affects rights recognized under applicable law.
Each request should be evaluated individually, considering the content of the authorization granted, the particular circumstances, and the applicable legal framework.
Risks for Companies
The absence of clear policies regarding the use of employees’ images can create various risks for organizations.
These include:
- Claims related to the right to one’s own image.
- Disputes arising from the processing of personal data.
- Employment disputes following the termination of a contract.
- Potential civil claims.
- Reputational impact among clients, suppliers, and the public.
A preventive review is generally far less costly than subsequently facing judicial or administrative proceedings.
Best Practices to Reduce Legal Risks
Companies can significantly reduce these risks by implementing appropriate internal procedures.
Some recommendations include:
- Periodically reviewing employment contracts.
- Obtaining specific authorizations for the use of employees’ images.
- Updating consent forms in accordance with current legislation.
- Establishing internal policies regarding the use of corporate photographs and videos.
- Periodically reviewing content published on websites and social media.
- Evaluating content removal requests individually and documenting the process.
These measures strengthen regulatory compliance and reduce the likelihood of future disputes.
How Can Coronell & Lam Help?
At Coronell & Lam, we advise companies in Panama on labor law, personal data protection, and corporate compliance.
Our team provides assistance with:
- Drafting and reviewing image use authorizations.
- Drafting and updating employment contracts.
- Reviewing advertising campaigns and corporate content.
- Handling requests submitted by employees and former employees.
- Preventing and managing legal risks related to the use of personal data.
A preventive review can help identify which content may remain published, which content should be updated, and what measures should be adopted to reduce legal risks before a claim arises.
Frequently Asked Questions
Can a Company Publish Photographs of Its Employees in Panama?
Yes, provided that valid authorization has been obtained and the use of the image falls within the scope of the consent granted and complies with applicable law.
Must a Company Remove All Photographs When an Employment Contract Ends?
Not necessarily. The answer will depend on the authorization that was signed, the purpose for which consent was obtained, and the specific circumstances of each case.
Can a Former Employee Demand That Their Image Be Removed From the Website?
Depending on the scope of the authorization and how the company continues to use the image, the former employee may request that the content be removed. Each situation should be analyzed individually.
Why Is It Important to Review Image Use Authorizations?
Because they help protect both employees’ rights and the company’s legal certainty, reducing the risk of future disputes.
Conclusion
The use of photographs and videos of employees is a valuable communication tool for companies, but it also requires appropriate legal management. Having clear authorizations, periodically reviewing internal policies, and assessing each case in accordance with Panamanian law can help minimize risks and strengthen good corporate practices.
If your company uses images of employees in advertising campaigns, social media, or on its website, a preventive review can make the difference between a legally sound communication strategy and a potential legal dispute.
This article is provided for informational purposes only and does not constitute legal advice. Each situation should be analyzed individually, taking into account its particular circumstances and the applicable laws and regulations in Panama.
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