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Context
Many businesses capture photos of interns, employees, and volunteers during normal operations. These pictures frequently land on websites, social media pages, and marketing brochures.
Problems arise when the relationship ends but the images remain. Using a person’s image to promote your organization requires a lawful basis. Under data protection laws, a photograph that identifies an individual is classified as personal data. Simply keeping old photos active online without ongoing justification creates a silent compliance trap.
Keeping photos of former staff or volunteers online for promotional use without a valid lawful basis is a data protection risk.
The ODPC Ruling: Jason Vs Nurmay
A recent determination by the Office of the Data Protection Commissioner (ODPC) highlights this exact risk. In a complaint filed against an organization, a former intern discovered his image on the company website landing page seven years after his six-month internship ended.
The organization was using the photo for advertisement purposes without his knowledge or consent. Since the organization failed to respond to the complaint, the ODPC treated the allegations as uncontroverted. The regulator found the organization liable for unlawful processing of personal data. They ordered the company to remove the image from all websites and platforms within 14 days and provide proof of compliance.
You can read the full decision here: Jason Vs Nurmay Determination.
The ODPC has the authority to mandate the immediate removal of personal images used unlawfully for commercial purposes.
The Website and Social Media Trap
Companies regularly build team pages, testimonial sections, and project galleries featuring current and past staff. The risk spikes when an individual leaves but the organization continues to use their image promotionally. An outdated photo might falsely imply the person still works there.
Social media multiplies this risk. Throwback posts, anniversary celebrations, and recycled campaign ads keep old photos in circulation. Content spreads fast and lasts long. What looks like harmless archive material on an obscure website page can quickly become a public compliance breach when recycled for a new sponsored ad.
Social media and website images are active marketing assets that require regular audits to ensure ongoing compliance.
Practical Steps for Organizations
To avoid complaints and regulatory action, organizations need to adjust their internal processes. Do not assume an employment or volunteer contract automatically grants permanent marketing rights to an individual’s image.
Be transparent when taking photos. Clearly explain how the images will be used and maintain records of consent or other lawful bases. Establish internal processes for reviewing and taking down images when someone leaves the company or withdraws consent. Finally, ensure your marketing teams and HR departments collaborate so public-facing materials accurately reflect current permissions.
Clear internal policies, proper consent records, and routine content reviews will protect your business from image-related data disputes.
Next Steps for Your Business
Does your organization still use old staff, intern, volunteer, or event photos on its website or social media? Casual image uploads can quickly become compliance and reputational problems.
It is time for a practical review of your image-use processes, privacy notices, and takedown controls. Reach out to Herman Tambo Law Advocates to schedule a data protection audit and ensure your marketing practices align with current privacy laws.
Tools for this topic · Data Protection
General information, not legal adviceThis article explains the law in general terms and does not create an advocate–client relationship. For advice on your situation, .
Founder & Lead Advocate
Herman advises founders, businesses and families on company, commercial, property, succession and data protection matters in Kenya, and writes these guides to make the law easier to act on.
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