Protecting your Image in the Digital World

In the digital world, our image becomes a valuable asset. However, many are unaware that we have the right to control how it is used. In this article, we will explain everything about the right to the use of the image in Panama and how to protect yourself.

By: Mariela de la Guardia – Partner

The right to the use of one’s image is codified in the Family Code of the Republic of Panama, specifically in Article 575 which states: “The State guarantees respect for privacy, personal freedom, family security and honor, and the right to one’s own image; and recognizes the family as the fundamental element of society.” Then, Article 577 establishes that “Every person has the exclusive right over their own image, which may not be publicly reproduced in any form without the consent of the holder, even if it was captured in a public place. Exceptions to this include images that are disseminated for news purposes, public interest, or cultural purposes based on respect for human dignity.”

As observed in the regulation, our image is exclusive, meaning it cannot be reproduced without our consent. Naturally, as with any rule, there are exceptions.

Common cases of misuse

Commonly, we see some companies taking our photo with their product offering a discount, justifying it by saying “the company requires it for registration.” We have also seen cases where “an influencer or content creator” takes a video or photo at an event without the people appearing in that photo or video knowing that they are being photographed or recorded to promote the brand they represent and obtain an economic benefit. These acts do not represent a gain for those of us who appear in these images and expose us without knowing how our image is being used.

This abuse of photos without consent has resulted in some airlines stipulating in their privacy policies that taking photos is prohibited.

Your rights

Regardless of whether a person is famous, well-known, or very private, sharing their photo could expose their location and activities. This could harm their reputation and/or infringe upon their right to control their own image. We must always remember that the personal image is our own, and we have the right to request that no photo be taken and to reject it, that they delete or do not upload an image, or to authorize the use of that image correctly. Let’s remember that these companies profit at the expense of our image, which has value in approving or recommending a product. We must also be careful as the right to the use of the image can also involve the use of personal data, as our face is a biometric data considered sensitive data. The Data Protection Law also protects sensitive data and requires explicit consent from the holder when transferring these data as defined in Article 13 of Law 81 of 2019.

In this regard, it is worth mentioning that parents or guardians must give their authorization for the use of the image of minors. This is the case for schools when they publish photos of students in various aspects of school life on their social networks. It is the school’s duty to require such consent and authorization so that they can use these photos. Remember that school social networks are generally public.

It is also timely to open the discussion for those exceptions in which the use of the image is for news purposes, national interest, or cultural purposes. This is the case of a political meme, or a news story of national interest whose investigation exposes a person.  But, are there any  limits to this type of use?

Our National Constitution establishes that: “Every person can freely express their thoughts in words, in writing, or by any other means, without prior censorship; but there are legal responsibilities when by any of these means one attacks the reputation and honor of persons or against national security or public order.”

Recommendations

As a recommendation, there should always be authorization for the right to the use of your image. For its part, in the case of a company, it must have the consent of the holder of that image through a document authorizing the transfer of use of the image and a waiver of responsibilities. Remember that your image is a right. Protect your privacy and demand that your consent be respected.