Can anyone help me to resolve this
issue?
A photograph is taken with the
informal consent of the person photographed at a social event (ie. they line up
smiling etc). The event is neither on their employer's premises nor in their
employer's time. It is not intrusive. The photo is then passed to the employer
of the person photographed who wishes to use it in the context of a
disciplinary. The person photographed objects to this use of the
photograph.
Are they protected in this situation
under the DPA, the Human Rights Act, or neither? I have my own view but would
welcome those of others.
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