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🤔 Is this allowed? privacy editionOften no — portrait law + GDPR

May someone post my photo on social media without consent?

Someone may not just post your photo online. You have portrait rights AND GDPR rights — for commercial or damaging publication you can demand removal.

Last reviewed: 24 May 2026
General rule: no consent = no publication, except in narrow exceptions. Two laws protect you simultaneously. (1) Portrait law (Dutch Copyright Act Art. 21): a photo where you're recognisable may not be published if you have a reasonable interest — typically commercial use, damaging portrayal, or sexual/intimate material. (2) GDPR: a photo with an identifiable person is "personal data processing". Posting on Instagram, Facebook, TikTok = processing. Requires consent (Art. 6(1)(a)) unless another basis (rarely valid for social media). If someone does it anyway? Step 1: directly request removal. WhatsApp or email to the poster: "Remove my photo/video from [platform]. I do not consent to publication. Delete within 48 hours." Step 2: report to the platform. Instagram, Facebook, TikTok all have "Privacy violation" reporting flows. Provide your name + the URL. Usually removed within 24-72 hours. Step 3: formal removal request to the company behind the platform under GDPR Art. 17. Step 4: complaint to AP if platform refuses. Step 5: civil court on significant damage — damages via GDPR Art. 82. Special cases: children under 16 — parents must consent. Intimate/sexual photos without consent = criminal (Dutch Penal Code Art. 139h — "revenge porn"). Call 112 or file police report immediately. Exceptions: news photo of public event, photo where you're one of many without focus, photo of public figure in public role.

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