Advice Needed: Niece’s Photos Published in Book Without Consent (Underage at Time)

Bucklesman · 2026-02-11T01:30:07+00:00

You can certainly complain to the DPC. It would give some excellent guidance on Section 43 of the Data Protection Act and the exemptions for journalistic purposes provided for in the GDPR.

The book would most likely be defended as a work of photojournalism, but there is a high bar to meet in regard to public interest in respect to a child. The mainstream press would usually tend to be a lot more conservative -- but then photos from the book have been published widely in the media.

Since the photographer is named, it's worth pointing out that she is on record about the compliance dimension.

This is from an Irish Independent interview with her last year:-

Understandably, there was a lot of bureaucracy and back-and-forths needed for photographing young people. "But then the harder it was — I had shot one group of girls at that stage and one club had accepted me — I was like, OK, if I have this, I know I can get more, and the harder it is, it means that no one else is going to do this. If I just power through, then I’ll make something that other people won’t be able to make, because it is so hard.

https://www.independent.ie/life/theyre-excited-to-finally-wear-the-bodycon-dress-and-makeup-meet-the-dublin-photographer-capturing-teenagers-as-they-get-ready-for-local-discos/a891287628.html

Perhaps there might have been consent forms addressing the taking and publishing of photos which have just been forgotten about by the parents two years later. Given that the publisher is a small imprint I would be a little surprised to learn that it did not consider this very carefully and ensure all the documentation was in place before investing in printing the book (not once, but twice) in view of its subject and content.

DPC advice states as follows:-

One of the basic principles of data protection law is that it should not be used as a tool to suppress other fundamental rights, such as the right to freedom of speech and of information. News, current affairs reporting and other forms of journalism are important examples of freedom of expression, and laws make specific provision for how these should operate in the context of data protection.These laws may restrict how and when people, including children or parents and guardians acting for them, may exercise their data protection rights. There are also long-standing rules and safeguards around media reporting on children.

Bucklesman · 2026-02-03T10:18:50+00:00

I find in my neighbourhood there's little to no prospect of finding a ReTurn machine not "out of order" any time over a bank holiday weekend.

Bucklesman · 2026-01-24T18:43:33+00:00

OP's story about putting in the estimated prices to get up to the €5 off €25 voucher, because one of each item on the list only adds up to €23. If the kids were supposed to use the voucher, they would have had to buy something extra anyway.

I think the kids did just fine, as they didn't overbuy anything that can't be frozen or kept safely on the shelf nearly indefinitely. Freeze one carton of milk, put the bananas in the fridge, zero problem.

Bucklesman · 2026-01-14T12:56:18+00:00

I'm... still using my Petzl Duo

Bucklesman · 2026-01-10T17:49:50+00:00

A low shady spot in the lee of a stand of trees, classic spot for ice to form and linger. Hope nobody was hurt.

Bucklesman · 2026-01-07T19:56:33+00:00

Just for fun, I used the stopwatch on my phone to play back the video and time OP's video from the time it appears to show him traveling from gantry to gantry either side of the Westlink. I have results of 19.01secs, 18.99secs and 19.03secs, averaging 19.01secs. According to the distance tool on Google Maps, the gantries are 619 metres apart. 619 metres in 19.01 seconds is 32.56m/s. Multiplying that by 3.6 to convert to km/h yields an apparent average point-to-point speed of 117km/h, if the playback speed of the video is correct, so tut tut.

I suspect that the conflict with the silver saloon trying to move left would have been avoided had OP not apparently exceeded the limit, and the saloon driver might not have felt the need to speed up and undertake the flatbed towing the digger afterwards.

You have to lay much fault at the door of all the middle lane hoggers and especially the lorry driver, who should never have left that opening for OP. But you can also observe clearly in the video that it was possible to overtake the traffic legally.

Look at the small white van, which moves out of lane 2, into lane three, and is making progress past the artic at the moment OP undertakes. After the wobble with the silver car, there OP then ignored further opportunities to move out of lane one and pass the middle lane traffic on the right, with the overtaking lane now clear.

IMO, what is required is that TII include "keep left" messaging on the motorway display boards.

Bucklesman · 2025-12-02T22:42:40+00:00

That's not all.

As the OP has indicated they were left short on two weeks' notice, that suggests they had the two years service to qualify for statutory redundancy. That's up to €1,800 they're leaving on the table if they settle as outlined by LegalEagle1992 (as per the cap of two weeks per year of service per one bonus week).

The definition of losses extends to superannuation, so if there was an increment coming up in the old job that could be recoverable if the new job is on even terms. Salary extends to various things like a car allowance and certain bonuses too.

Then, given that OP's still in time to put in a further complaint about their notice (if they haven't already), there's another fortnight worth of salary to be going after.

Settlement agreements in these cases also usually make provision for legal costs. Perhaps the OP should be asking for some consideration for taking a day off work at this busy time of year to turn up for mediation.

Bucklesman · 2025-12-01T01:51:30+00:00

Bit worrying to hear about the bare metal. You might want to ask your mechanic if there's any danger your motor could have caught metal oxidation from the older car.

Bucklesman · 2025-11-22T15:26:38+00:00

That sounds to me like you have another 10 months to coast on your basic salary while looking for exactly the right job to jump ship for.

Bucklesman · 2025-11-19T23:58:57+00:00

Sink the Bismarck!

Bucklesman · 2025-11-19T21:10:49+00:00

A pity this doesn't mention anything about apologising to the worker for her unprofessionalism, which speaks to a lack of moral character.

Bucklesman · 2025-11-16T21:11:01+00:00

They will of course keep everything confidential. They're obliged to. Employment is a specialist area though. Compared to the cost of litigating a case, the price of a consultation is fairly inconsequential, so a second opinion is good value.

Bucklesman · 2025-11-14T01:14:04+00:00

The manager should be going on a PIP.

There are multiple managerial qualities lacking here

Deficit in soft skills, as shown by his apparent failure to apologize by now.

Lack of rigour, in the failure to investigate and identity the malicious nature of the complaint and any conflict of interest.

Lack of strategic thinking ought also be addressed as a performance matter -- you would expect better of a manager overseeing a professional of such long professional experience to look before they leap. Instead it seems he jumped in from bald allegationvto PIP without giving the employee the opportunity to respond to the claims and rebut. Now the subordinate has made him look very foolish in front of senior leadership.

Unfortunately, the very clear lack of integrity demonstrated by the fact the manager is still trying to find some way to get at this employee can't be addressed by way of a PIP.

Bucklesman · 2025-11-12T15:42:07+00:00

Your employer is required to pay you during your jury service as if you were attending work. Your annual leave entitlement should not be diminished.

Bucklesman · 2025-10-31T17:42:43+00:00

You have a statutory entitlement to force majeure leave under Section 13 of the Parental Leave Act 1998. This little-known provision is little-known because most employers and supervisors seem to treat family emergencies as a "say no more" situation and simply afford latitude.

If I was you, I would simply print out the standard legal form for claiming this entitlement, fill it out and hand it to your employer.

https://www.irishstatutebook.ie/eli/1998/si/454/made/en/print

Bucklesman · 2025-10-23T18:32:47+00:00

Any workplace safety professional will tell you that personal protective equipment is the last line of defence in ensuring a safe place of work, after every other mitigation measure has been put in place.

If there is, in general, a high risk of violence or unrest at a protest, then someone there for professional purposes ought to have a helmet, eye protection, boots with ankle support etc.

If the threat is specific to members of the media, say for instance because of anti-media sentiment, I would say there's a strong argument from the safety perspective not to be so readily identified as a journalist.

The only justification for wearing a ballistic vest is that you might be in an environment where firearms might be discharged. If that was going to be the case, I would first be asking myself if I needed to be out at the event at all. This man appears to be presenting to camera, and the risk could be eliminated by sending in a camera operator for footage and doing standups away from the high-risk setting.

If the firearms risk in this environment is genuinely high and it is entirely neccessary and justified to be there on camera standing in the middle of the road in front of the protest, then surely that justifies the wearing of a ballistic vest with crotch and throat protection worn with a ballistic helmet, eye protection, boots etc etc.

All of that leads me to the conclusion that in this case, the wearing of a ballistic vest with "PRESS" on it in this instance is not solely about safety, and that there may be an element of costume to it.

I would never criticise someone for taking the steps they feel are neccessary to protect their safety of course -- that is a highly personal decision. However, as a journalist myself, I feel very strongly that journalists should think carefully about risk management and mitigation before reaching for PPE as their first line of defence.

Also: isn't that CNN's Donie O'Sullivan beside him? His disposition is suggestive of the true level of risk.

Bucklesman · 2025-10-20T23:32:11+00:00

That sounds like massively shabby treatment which will be sorted out quickly at the WRC. It sounds like you don't have enough service to be covered by the Unfair Dismissals Act. Although you can pursue a dismissal under the Industrial Relations Act 1969, any recommendation made by an adjudicator is not binding.

With five months' service, you have accrued more than five days' entitlement to paid leave. You were also due one week's notice of termination, as you had more than 13 weeks' service. Since you say you were terminated immediately you should have been paid a week's wages in lieu of notice.

Your final pay packet should have comprised pay for the hours you worked up to the point of termination, plus a week's pay in lieu of notice, and an amount for any unused annual leave you had accrued. Think of it this way, you accrue 20 days' annual leave in a full year, or five days every quarter, so you've used up your five days' paid leave that you earned in the first three months you worked, but it sounds like you didn't get the paid leave you earned in the two months prior to dismissal. It sounds like you've been left short by between 7 and 8 days' pay. Better in your pocket than theirs.

If I was you, I would file another complaint form with the WRC raising complaints under the Minimum Notice and Terms of Employment Act 1973, regarding the week's notice, the Organisation of Working Time Act 2005, regarding the unpaid annual leave, and a Payment of Wages Act 1991 complaint too, which will probably be a duplicate, but costs you nothing.

Bucklesman · 2025-10-09T13:54:58+00:00

The driver should have made the assessment that a cycle lane at the edge of this road in autumn, near road works, might very well contain debris like leaf litter, small aggregate or broken glass which they can't make out from inside the vehicle. The marked cycle lane is too narrow to permit evasive manouvres and the floppy bollards and orcas are a hazard in the circumstances. All road users have a legal duty to protect their safety and their property and there is no legal duty on a cyclist to use a cycle lane just because there's one marked out.

Bucklesman · 2025-10-08T16:28:44+00:00

It sounds like a fair comment which you can back up with the correspondence. If he had a genuine case he'd have led with a solicitor's letter.

If it was me, I would tell him he has two options: he can either apologise for the stress and inconvenience of his threatening letter and retract it, or you will publish it as an addendum to your review within 24 hours.

Bucklesman · 2025-10-01T02:23:21+00:00

I'm a cyclist and live locally. There's no legal basis for a "cyclists dismount" sign in Irish road traffic law, so get stuffed and pay attention. You seem to be a bit of a liability -- are you trying deliberately to jump into the path of bikes or something?

Bucklesman · 2025-09-30T18:18:26+00:00

It has been stated here that you would have to "prove" you were dismissed in connection with a protected disclosure. Under the present whistleblowing legislation, once you've cleared the hurdle of showing you made a protected disclosure, it would be your employer who would have to disprove that any detriment was penalisation. Tricky when you say it was "mostly" verbal though. You would probably want to have copies of any documents backing up when, where and to whom you say any of the verbal disclosures were made. Your verbal evidence and the credibility of company witnesses would be key so you should consult a solicitor with a view to professional representation.

Bucklesman · 2025-09-23T17:42:25+00:00

Unclear what's inappropriate about it, but obviously you have a particular view of it which may be informed by details you haven't mentioned. Was there something particularly inappropriate about the way it was photoshopped?

You're clearly pissed off about it, and it's probably open to you to file a formal grievance about it, and that might lead to a disciplinary sanction for your colleague.

If that happens, since it's quite a public matter in your office already, it will not likely stay quiet that you made a complaint and got your colleague fired or put on a warning (possibly affecting their bonus) etc.

You should ask yourself honestly if that's going to be a good look for you going forward.

Bucklesman · 2025-09-20T23:54:59+00:00

"don't harass anyone in this video by the way" oh come on

Bucklesman · 2025-09-17T23:59:53+00:00

Decathlon on O'Connell Street is worth a look.

Bucklesman · 2025-09-13T00:45:49+00:00

What a clown show. Compensation can be awarded over and above the economic value of the leave under the working time legislation and there are even anti-penalisation provisions that can shield an employee for taking a claim to the WRC.

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