📸 Can I post someone's photo online without their consent?

Quick answer

Usually no: a person's image is protected and can't be used without consent. The right to one's image is protected by articles 70-75 of the Civil Code and gives you control over how your image is used publicly. Using someone's image without consent is, as a rule, banned, just like filming a person without their consent. Even a simple Facebook post theoretically falls under GDPR if the person is identifiable and didn't consent, since the image is personal data. There are nuances (e.g. photos in public places, at events, journalistic context), but the basic rule is: don't publish without consent an image in which someone else is recognisable. The person concerned can demand it stop and claim damages, plus report the content on platforms. In short: ask consent before posting someone's photo.

📋 The rules

Image rights protected (art. 70-75 Civil Code)
Using the image without consent: as a rule banned
The image = personal data (GDPR)
The person can demand it stop and claim damages
Reporting possible on Facebook, Instagram, TikTok etc.

🔓 Exceptions

Public figures, journalistic/public-interest context: special rules
Wide shots in public places not targeting a person: nuanced
Clear, informed consent: posting becomes lawful

⚠️ Penalties & fines

Using a person's image without consent can bring civil liability: the person concerned can file a lawsuit demanding the harm stop and the damage be covered — material (e.g. a financial loss) or moral (psychological suffering, reputational harm). In addition, processing personal data without a legal basis can bring GDPR sanctions from the supervisory authority (ANSPDCP). Defamatory posts can also bring liability for breaching the right to dignity. To stay compliant: ask the person's clear consent before publishing their image, especially for children and in sensitive contexts; if someone posted your photo without consent, report it on the platform (the procedures are mandatory under the DSA and GDPR) and, if needed, ask the court to stop it and award damages.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I post someone's photo without asking?

Usually no. The right to one's image, protected by art. 70-75 of the Civil Code, gives you control over how your image is used publicly. Using a person's image without their consent is, as a rule, banned. The safest thing is to ask clear consent before posting.

Does a simple Facebook post fall under GDPR?

Yes, in principle. An identifiable person's image is personal data, and posting it without consent can fall under GDPR. There are nuances for journalistic or public-interest context, but for ordinary social-media posts, the consent rule applies.

What can the person in the photo do?

The person concerned can demand the use of the image stop and claim damages for the material or moral harm suffered, through a court action. They can also report the content on the platform — Facebook, Instagram and TikTok have dedicated procedures, mandatory under EU law (the DSA and GDPR).

Are there situations where I can post without consent?

Yes, with nuances. For public figures, in a journalistic or public-interest context, or for wide shots in public places not targeting a specific person, the rules are more permissive. Still, for photos in which a private person is clearly recognisable, consent remains necessary.

How do I take down a photo posted without my consent?

First use the platform's reporting procedure (Facebook, Instagram, TikTok have dedicated systems, mandatory under the DSA and GDPR). If that doesn't work, you can ask the court to stop the harm and award damages for the moral or material harm, and for data breaches you can contact ANSPDCP.

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