Privacy Issues in the Workplace

C. U SE OF I MAGE OR L IKENESS The common law tort of misappropriation of image and/or likeness prohibits an entity or employer from using someone’s name or likeness for commercial purposes without his or her consent. Thus, if an agency publishes the likenesses of a student or employee on the agency’s website without consent, the agency risks receiving a claim for misappropriation of image and/or likeness under the common law. In addition, under California law, the agency may be liable for misappropriation of image and/or likeness under a statutory provision, Civil Code section 3344. Civil Code section 3344 protects an individual’s name, voice, signature, photograph, or likeness, from being used for commercial or advertising purposes without consent. Civil Code section 3344 also authorizes the recovery of damages for violation of its provisions. Potential damages for a violation of Civil Code section 3344 are the greater of seven hundred fifty dollars ($750) or the actual damages suffered; punitive damages; and attorney’s fees and costs. To avoid potential exposure under the common law and/or Civil Code section 3334, we recommend that agencies do not use the photographs, images, or likeness of employees on the agencies’ web site, billboards or other publicity tool without first obtaining consent to do so

Privacy Issues in the Workplace ©2019 (s) Liebert Cassidy Whitmore 176