Photo publication of an employee without written consent
In the underlying facts, the plaintiff was employed as an employee at a university institution. Her responsibilities as a post doc coordinator included planning and implementing measures, such as individual coaching and workshops, to support junior scientists.
At the beginning of January 2018, the defendant also had photos taken of the plaintiff on the initiative of marketing. She was therefore presented with a consent form in advance, which she did not sign, but instead noted “not for my appearance” in the margin. In August 2019, the defendant nevertheless published a photo in a brochure showing the plaintiff teaching and a listening student wearing a headscarf. The advertising text underneath emphasized the international orientation of the defendant. After the plaintiff pointed out that she did not agree to the use of her photo, the defendant informed her that it had deleted it and that although the printed matter could no longer be withdrawn, it would no longer be used.