Publishing images found on social media does not mean those images are free to use. A photo, video or screenshot showing an identified or identifiable person may be personal data. If it is used for informational, commercial or professional purposes, an appropriate legal basis is required.
In this article we will discuss...
What the Spanish Data Protection Authority says
The AEPD explains in its FAQs on internet and social networks that image publication may affect data protection rights. The fact that an image is available on a social network does not automatically authorise reuse on another website, campaign or corporate profile.
When problems may arise
- The image of a person is used without consent or another legal basis.
- The image is reused for a purpose different from the original one.
- Images of minors are published without appropriate authorisation.
- An image remains online after consent has been withdrawn.
- Social media screenshots are used for commercial or reputational purposes.
Media, companies and content creators
Media organisations may rely on freedom of information where public relevance, truthfulness and proportionality apply. But that does not cover every reuse of third-party images. Companies, agencies, schools, influencers and shops should carefully check whether they have sufficient authorisation.
Good practices before publishing
- Check who appears in the image and whether they are identifiable.
- Verify consent or another clear legal basis.
- Avoid reusing images of minors unless express authorisation exists.
- Limit the purpose, channel and publication period.
- Remove the image when rights are exercised unless there is a lawful reason to keep it.
Conclusion
An image published on social media is not a free resource. Before reusing third-party photos or videos, organisations should review consent, purpose, proportionality and the rights of the person concerned.