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The lawyer warned of a fine of up to 5 million rubles for using other people's photos.

Lawyer Landau: for using someone else's photo, you can face a fine of up to 5 million rubles.
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Photo: IZVESTIA/Eduard Kornienko
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Distributing other people's photos without a person's consent is in most cases a violation of the law and can have serious consequences. Anna Landau, a lawyer at Klyuchko, Landau and Partners, told Izvestia about this on April 20.

"Actions to distribute other people's photos without the consent of the person depicted on it are usually illegal," she said.

According to the expert, such exceptions include cases when the image is used in the state or public interest, if the shooting was conducted in a public place and the person is not the main subject of the frame, as well as if he posed for a fee.

The expert stressed that distributing personal photos without permission can be qualified as a violation of privacy. Depending on the circumstances, articles on illegal access to information or extortion may be held liable if the publication is accompanied by demands.

She added that Russian law has a "right to be forgotten" mechanism that allows it to require the removal of outdated, unreliable or illegally posted information, including images, from the Internet.

"A citizen can contact the operator of the search engine, the operator of personal data with a request to delete information about him. Not all information should be deleted, but only outdated, unreliable, or violating the law (for example, personal information)," the expert explained.

According to her, the law protects both public and private individuals equally, and using other people's photos without consent, including on social networks or on avatars, can also violate image rights and copyrights. The expert clarified that liability may include payment of compensation, the amount of which varies from 10 thousand to 5 million rubles, depending on the nature of the violation.

On April 2, Alexander Khaminsky, a lawyer and head of the Law Enforcement Center in Moscow and the Moscow Region, said that refusing to hire because of personal photos on social networks or requiring a password to access private profiles is an invasion of privacy. However, he noted that in some cases, companies may simply provide a neutral reason for refusal, which makes legal protection difficult.

Переведено сервисом «Яндекс Переводчик»

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