Is taking and using your image proportionate?

Competing interests

Both competing interests

  • your right to control the use of your image and
  • the legitimate interests of the state or other persons

have to be balanced against each other, and a fair balance must be found. There have to be sufficient arguments why the interests of others outweighed your rights and the other way around in the particular case.

Balancing process

The following aspects should be assessed within the balancing process:


Last updated 08/06/2019