Consent to the publication of video recordings of an employee does not automatically expire with the end of the employment relationship BAG 19.02.2015 - 8 AZR 1011/13

The plaintiff began working at the defendant's company in the summer of 2007. The defendant employs around 30 people in its air conditioning and refrigeration technology company. In the fall of 2008, the plaintiff gave his written consent for the defendant to make film recordings of him as part of the workforce and to use and broadcast these for its public relations work. In the promotional film produced from these recordings, the plaintiff was recognizable twice. The promotional film could be accessed via the defendant's website. In September 2011, the employment relationship between the plaintiff and the defendant ended. In November 2011, the defendant received from the plaintiff the revocation of the consent possibly granted with the request to remove the video from the network within 10 days. The defendant complied with this request - with reservations - at the end of January 2012. The plaintiff is demanding compensation for pain and suffering and an injunction against further publication of the commercial.

In its ruling of 19 February 2015, the Federal Labor Court clarified that if there was a requirement for consent pursuant to Section 22 KUG, the defendant duly complied with this requirement. By fulfilling the requirement of written consent in the case of the plaintiff, the plaintiff's right to informational self-determination was also safeguarded. The declaration of consent declared without restriction also did not automatically expire with the end of the employment relationship. Furthermore, the declaration of consent had not been effectively revoked. Although a revocation of consent is generally possible as an expression of the contrary exercise of the employee's right to informational self-determination, a plausible reason must also be given. The plaintiff had not complied with this requirement.