Can I post photos of others?
Publishing a recognizable photo of someone else is only allowed with their consent — and consent to photograph is not consent to publish. This follows from image rights (art. XI.174 of the Code of Economic Law) and the GDPR: a recognizable photo is personal data. You therefore need separate consent to photograph a person and to share the photo (social media, a blog …). Exceptions without consent: public figures in their public role, people merely incidental in a crowd (not the subject), and newsworthy images. For minors you need the parents' consent and, from about age 14, the child's own. Anyone pictured can always ask for the photo to be removed (right to erasure, art. 17 GDPR). Image rights run until 20 years after death (heirs).
📋 The rules
- Publishing a recognizable photo needs the person's consent (image rights, art. XI.174 CEL + GDPR)
- Photographing ≠ publishing: each needs separate consent
- No consent for: public figures in a public role, incidental people in a crowd, newsworthy images
- Minors: the parents' consent and, from ± 14, the child's own
- The person can always ask for removal (right to erasure and objection, art. 17 and 21 GDPR)
- Image rights apply for life and until 20 years after death
🔓 Exceptions
- Purely private use within a closed circle falls outside the GDPR; public sharing (social media) usually does not
- For intimate images, stricter criminal laws apply (voyeurism art. 417/8, non-consensual sharing art. 417/9)
- No consent is needed for well-known people in their public role, people incidentally caught in a crowd, and newsworthy images
⚠️ Penalties & fines
Publishing without consent is above all a civil wrong: the judge can order removal, a ban on further use and damages (art. 6.5 Civil Code, since 2025), if need be in summary proceedings — with legal costs on top. The Data Protection Authority can also impose a GDPR fine, up to 20 million euros or 4% of worldwide turnover. And if repeated sharing turns into bullying or stalking, it becomes harassment (art. 442bis Criminal Code) and therefore a criminal offence, with a police file rather than a civil claim.
📎 Official sources
- FPS Economy · image rights (art. XI.174 CEL) →
- Data Protection Authority · citizen (image rights) →
- Data Protection Authority · sanctions (art. 83 GDPR) →
❓ Frequently asked
May I post a photo of someone without asking?
No, in principle not: publishing a recognisable photo requires that person's consent (image rights art. XI.174 CEL + GDPR). Consent to take the photo is also not the same as consent to share it.
Does that also apply to a group photo or a crowd?
Someone who is merely incidental and not individualised in a crowd may usually be shown, because they are not the subject. If a person is clearly the subject of the photo, you need their consent again before publishing.
May I post a photo of someone else's child?
Only with the parents' consent and, from roughly the age of 14, the child's own consent as well. Extra caution is expected where children are concerned, certainly on public profiles and with school and sports club photos.
Someone wants me to remove their photo — must I?
Yes, you have to act on a removal request (right to erasure and objection, art. 17 and 21 GDPR). If you do not, the person can take it to the Data Protection Authority or to court, and you carry the costs of that.
How long do image rights last?
Image rights last for life and continue for 20 years after death: the heirs can still object to a publication and demand removal. Publishing an old photo is therefore not automatically safe.
🔎 Common searches
What people search to land here:
- “posting photo of someone consent”
- “image rights belgium”
- “sharing photos social media privacy”
- “photo of child posting parental consent”
- “photo removal request gdpr”
- “photo without consent fine belgium”