Can someone post a photo of me online without my permission in New Zealand?

Photos posted by another person

The Privacy Commissioner’s guidance is that if someone posts information or photos about you as a private individual, they probably aren’t breaching the Privacy Act. The exception is content that is “highly offensive to an ordinary reasonable person”.

That doesn’t mean there are no consequences. Depending on what’s posted and why:

• Harmful Digital Communications Act. If the post is threatening, grossly offensive, discloses sensitive personal facts, makes false allegations or is used to harass you, you can complain to Netsafe, and in serious cases a court can order it taken down. Posting with intent to cause serious emotional distress can be a criminal offence.
• Intimate images. Sharing intimate images without consent is a criminal offence. See intimate images shared or threatened.
• Harassment Act. If it’s part of a pattern of behaviour, a restraining order may be possible.
• Privacy and confidence claims. The courts recognise claims for serious invasions of privacy and breaches of confidence. These need legal advice.

Photos posted by an organisation

Businesses, schools, clubs and other organisations are covered by the Privacy Act. The Commissioner’s guidance is that they generally must not publish an identifiable photo of you unless they have your consent or another exception applies. News media are one exception.

Common examples include a shop publishing CCTV stills of a suspected shoplifter (the Commissioner says this is likely to breach privacy), a gym using your photo in an advertisement, or a school posting a child’s photo without the parents’ agreement.

How to get a photo removed

1. Ask the person or organisation to take it down. Be specific about which post and why.
2. Report it to the platform. Most platforms remove content that is harassing, intimate or violates privacy rules.
3. Complain to Netsafe if the post is harmful and the person won’t remove it. Netsafe works with platforms and the people involved.
4. Complain to the Privacy Commissioner if an organisation posted it, you’ve raised it with them, and you believe it’s harmed you.

Photos taken in public

There’s no general right in New Zealand to stop someone photographing you in a public place. Taking a photo is usually lawful. Whether it can be published, and how, is where the limits above apply.

Children

Be cautious about photos of children. Schools, clubs and other organisations should ask before publishing them. As a parent, you can ask for your child’s photo to be taken down or for first names only to be used.