Great question…
Ideally, consent must be obtained prior to each time a photo/video/voice, etc. of an employee is taken for potential use, however that can be tough.
Employers should take the proactive step of creating a consent form with respect to the use of employee photographs. Such a form should outline the purposes for which an employee is to provide a photograph to the employer, and how that photograph may be used and disclosed by the employer. The use of a written consent form provides employees with information regarding the use of their photographs and provides employers with a measure of protection against possible future privacy complaints.
The consent should cover the purposes for using the photo/video, how the material will be used, and that consent is voluntary. Before using employee’s photos/voice employers should inform employees if they will be allowed to see it before it is published. If you are not able to specifically explain why you need a particular piece of personal information, you increase the chances of employees being wary of your practices.
Under the Personal Information Protection Act, an individual is deemed to consent to the collection, use or disclosure of personal information by an organization for a purpose if:
(a) at the time the consent is deemed to be given, the purpose would be considered to be obvious to a reasonable person, and
(b) the individual voluntarily provides the personal information to the organization for that purpose
