Images have become a popular way to communicate online. Smart phones allow us to easily take photographs and share them instantly on social media sites. A lot of these images represent the likeness of an individual, whether it is a “selfie” or a photograph taken by a third party, often for the express purpose to be shared online.

These photographs have commercial value, as they can be used for advertising or even for selling purposes. The way this abundant User Generated Data is acquired and used triggers different legal responses.
Businesses may acquire these photographs without prior authorization, and thus run afoul of right of publicity laws. They may acquire them as a token for sweepstakes entry, which are governed by state laws. They may hire influencers, whose social media accounts are followed by thousands, to post images and messages to promote goods or services. This new way to advertise has led consumer protection agencies on both sides of the Atlantic to mandate that these posts be labeled as advertising.

These new practices also raise the issue of data retention and protection of privacy, including whether there is a right to be forgotten.