Right to your own picture (Switzerland)
The right to one's own image in Switzerland is understood as an outgrowth of the general right of personality and is thus regulated in the first part of the civil code (as a specification of Art. 28) and in the federal law on data protection . The Federal Supreme Court has ruled that the right to one's own picture has already been violated "if someone is photographed for his own sake without his consent."
With a decision of May 27, 2010, the Swiss Federal Court recognized that name, image and voice are not part of the core area of human existence and that the right to one's own image (including the right to images that represent actions that interfere with one's privacy) is therefore an issue binding contractual obligations. It therefore dismissed the lawsuit brought by a woman who no longer wanted to apply her contractual consent to the publication of pornographic pictures of her on the Internet.
Since the right to one's own image is a personal right, it expires with the death of the person depicted. Heirs cannot enforce this right on behalf of the deceased.
Individual evidence
- ↑ The right to one's own picture (PDF; 196 kB) on altenburger.ch
- ↑ BGE 127 III 481 p. 492
- ↑ BGE 136 III 401
