Question: Please ask, according to current regulations, in what cases can personal images be used without permission?

Reply:

The right of individuals to their own image

According to Clause 1, Article 32, Civil Code 2015, individuals have rights to their images as follows:

- The use of an individual's image must be approved by that person.

- If using another person's image for commercial purposes, compensation must be paid to the person with the image, unless otherwise agreed upon by the parties.

Cases of using personal images without permission?

According to Clause 2, Article 32, 2015 Civil Code, the use of images in the following cases does not require the consent of the person with the image or their legal representative:

- Images are used for national, ethnic or public interests;

- Images are used from public activities, including conferences, seminars, sports competitions, art performances and other public activities without harming honor and dignity. reputation of the person with the image.

According to Clause 3, Article 32, Civil Code 2015, if the use of images violates the provisions of Article 32, Civil Code 2015, the person with the image has the right to request the Court to issue a decision to force the violator. , relevant agencies, organizations and individuals must recall, destroy, stop using the image, compensate for damage and apply other handling measures according to the provisions of law.

Principles for protecting personal information online

Principles for protecting personal information online according to Article 16, Law on Cyber ​​Information Security 2015 are as follows:

- Individuals protect their personal information and comply with the law on providing personal information when using online services.

- Agencies, organizations and individuals handling personal information are responsible for ensuring network information security for the information they process.

Regulations on collection and use of personal information

Regulations on collection and use of personal information according to Article 17, Law on Cyber ​​Information Security 2015 are as follows:

- Organizations and individuals handling personal information have the following responsibilities:

+ Proceed to collect personal information after obtaining the consent of the personal information subject about the scope and purpose of collecting and using that information;

+ Only use collected personal information for purposes other than the original purpose after obtaining the consent of the personal information subject;

+ Do not provide, share, or distribute personal information that you have collected, accessed, or controlled to third parties, except with the consent of the subject of that personal information or upon request. of competent state agencies.

- State agencies are responsible for securing and storing personal information they collect.

- Personal information subjects have the right to request organizations and individuals processing personal information to provide their personal information that that organization or individual has collected and stored.

- Processing of personal information for the purpose of ensuring national defense, national security, social order and safety or for non-commercial purposes is carried out in accordance with other relevant laws.

- Organizations and individuals handling personal information must develop and publicly announce measures to handle and protect personal information of their organizations and individuals.

- The protection of personal information is carried out in accordance with the provisions of the Law on Cyber ​​Information Security 2015 and other relevant laws.