Request to data user
You have the right to request the person or institution that possesses your image to update or erase (delete) it.
Some institutions, for example, a university or bank, store your photo in their databases or use it for the purposes of making a client or identity card. In such a case, you can ask for updating, namely, the changing of your photo for a newer or more appropriate one.
As regards the deletion of your image, you have a right to ask for its removal if you have not consented to it being taken and/or consider that there are no relevant reasons why the person in question should possess it. Thus, for example, if a stranger has taken your photo on the street without your consent or your photo is stored in the database of a supermarket that you are no longer a client of, you can request the deletion of your image.
Appeal to Data State Inspectorate
If the authority or person has refused to perform this action, you have the right to complain to the Data State Inspectorate. In your application you should indicate:
- the kind of action that you expect from the authority or the person
- if possible, the relevant provisions of the General Data Protection Regulation which have been violated
- arguments as to why the authority or person should have fulfilled your request
- and include relevant documents that substantiate your opinion, if there are any
The Data State Inspectorate will assess whether the data user has acted lawfully and, if necessary, may order the data user to update or delete your image.
Appeal to Administrative court
If you are not satisfied with the decision taken by the Data State Inspectorate, you can challenge the decision in the Administrative court and in addition, ask for compensation. You can learn more about how to prepare your application in Administrative Procedure Law.
The Administrative court will assess whether the data user has acted lawfully and, if necessary, may oblige the Data State Inspectorate to order the data user to update or delete your image. The court may also order compensation if you have requested it.
Applicable as of 25 May 2018
Articles 184, 186 – 189
Joint publication by the the EU Agency for Fundamental Rights and the Council of Europe