How to get your image updated or removed?
Request to data user
You have the right to request the person or institution that possesses your image to update or remove (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 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 State Data Protection Inspectorate
If the authority has refused to perform this action, you have the right to complain to the State Data Protection Inspectorate. In your application you should indicate:
- the kind of action that you expect from the authority
- if possible, the relevant provisions of the law which have been violated
- arguments as to why the authority should have fulfilled your request
- and include relevant documents that substantiate your opinion, if there are any
The State Data Protection Inspectorate will assess whether the data user has acted lawfully and, if necessary, may order the data user to update or destroy your image.
Appeal to Administrative court
If you are not satisfied with the decision taken by the State Data Protection Inspectorate, you can challenge the decision in a regional administrative court, and in addition, ask for compensation. You can learn more about how to prepare your application in the Law on Administrative Proceedings.
The regional administrative court will assess whether the data user has acted lawfully and, if necessary, may oblige the State Data Protection Inspectorate to order the data user to update or destroy your image. The court may also order compensation if you have requested it.