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THE QUESTION
I work for a small woodworking company and my boss is going hard on revamping our website and increasing our digital presence. He’s already taken photos of me making some of our products for the website, but now he’s constantly puttering around the production area and whipping out his phone to snap a close-up photo or a video of me in action. I do not feel comfortable with this. Am I allowed to refuse if there’s nothing in my employment contract stating that I need to be photographed? How can I do this politely so that I can still keep my job? It is distracting and, arguably, also a safety hazard.
THE FIRST ANSWER
Waheeda Ekhlas Smith, barrister and solicitor, Smith Employment Law, Toronto
Your question raises workplace safety and personal privacy considerations, among others. Each province has its own occupational health and safety laws that require employers to maintain a safe working environment. If the photography is taking place while operating machinery, your employer risks violating your provincial occupational health and safety legislation and also causes you to violate your safety responsibilities as the equipment operator.
Regarding privacy, an employer generally needs consent to photograph an employee, particularly if the purpose is beyond internal use, such as an identification badge. You mention that there is nothing in your employment contract obliging you to be photographed but it is not clear whether you may have signed a photography release and consent form during onboarding or if you have a workplace policy permitting such photography.
If your workplace is federally regulated, the Personal Information Protection and Electronic Documents Act would apply to any employment information, including photographs identifying you as a company’s employee.
A woodworking company is a private sector, provincially regulated business. In Ontario, we do not have a specific private-sector privacy legislation tailored to businesses and its employees. In the absence of specific legislation, your employer should nevertheless balance its legitimate business needs with its workplace safety obligations and employees’ reasonable expectations of privacy. You also have certain common law privacy rights.
For safety and privacy reasons, you likely have the right to refuse to be photographed or withdraw your previous consent and your employer should not punish you for this.
If you have reason to fear reprisal, gather all your employment documents, including workplace policies, then consult an experienced employment lawyer before speaking to your employer.
THE SECOND ANSWER
Jennifer Houle, vice-president of people operations, Raven Indigenous Capital Partners, Victoria
Your concern is completely valid. Unless your employment agreement explicitly says you’ve consented to being photographed or recorded for marketing purposes, your employer can’t assume automatic permission. What you’re describing is distracting and potentially unsafe, especially in a workshop setting.
If your boss wants to use your image for marketing purposes, the best practice is to obtain written consent through a “photo release form” and ensure that workplace safety is prioritized at all times.
You can address this professionally by saying something along these lines: “I understand the importance of marketing, but I’m not comfortable being photographed while I work. It distracts me and raises safety concerns with the equipment. I’d prefer not to be featured in photos or videos.” This makes it clear you’re protecting your boundaries and safety without dismissing his business goals.
If he pushes back, you can offer alternatives, such as showcasing products without employees, pointing him toward stock images or offering to take the photos so that he can be the one in them. That way, you’re supporting the marketing effort, just not in a way that compromises you.
And if all else fails, you can gently remind him that the production floor is not a Vogue photo shoot.
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