It seems not everyone’s a fan of the smartphone, with it’s photo-taking abilities, internet connectivity and potential to ‘twitpic’ (take and then upload an image almost instantly to Twitter).
A laywer has recommended today that HR managers ban smartphones to prevent dodgy drunken photos making their way onto the internet without permission – potentially resulting in a claim landing the pesky snapper in court or risking losing their job – or both.
Employment lawyer Jonathan Whittaker is advising bosses to tell partygoers that snapping away with a digital camera is fine, but don’t take pictures with mobile phones. Jonathan has some strong views on the subject.
"The speed with which an embarrassing or even unlawful photo can make it from phone to internet is breathtaking – digital-savvy types can take a photo and post it on a blog, website or social networking site for the world to see within seconds," said Jonathan .
"The problem is that unless the subject or subjects of the photo give their permission, then it could be a sack-able and sue-able act."
He added: "It’s Europe again: under the European Convention of Human Rights, everybody has the right to respect for their private life. Employees should seek permission from each individual before posting their photo on a website or blog, otherwise it could give rise to problems for staff and employer.
"Now, we’ve all been there – or nearby; Christmas parties are full of silly, stupid or sometimes downright offensive little acts carried out by people whose judgment is severely impaired by the effects of ten pints of lager or a bottle of Lambrusco."
However, Jonathan has a serious point to make: "Sticking a mobile phone camera lens under a toilet door, up a skirt, into the face of somebody caught snogging or engaging in any one of a million other revelrous acts, and then sharing the picture with anybody, by any means, is actionable on the grounds of anything from breach of European privacy laws, through to transmission of pornographic material, or even defamation.
"At least if the pictures are taken by a digital camera with no transmission capability, then the photographer and perpetrator each have time to reflect before the picture finds its way to somewhere it shouldn’t."
So you have been warned: are you going to ban cameraphones from the Christmas party?
