Right to one’s own image

In short: In principle, everyone may decide for themselves whether and how images of them are published. Photos of identifiable people usually require consent.

In more detail: The right follows from the general right of personality and the German Art Copyright Act (§§ 22, 23 KUG) as well as the GDPR. Exceptions exist, among others, for images of contemporary history, people as incidental elements (for example a landscape) and assemblies.

Not legal advice.

In Depth

• Consent: best in writing or by message, with purpose and duration. It can be withdrawn.
• Children: parents’ consent needed. Be especially careful with public posts.
• Images on the internet: A published photo can be copied and spread.
• Profile pictures in a forum: own or freely usable images, no photos of third parties without consent.
• Reporting: Whoever wants an image of themselves removed contacts the operator (notice procedure).

See also: Creative Commons and image rights, Data subject rights under the GDPR