The decision, taken after a few too many drinks, could be one they come to regret the following day and could lead to dismissals or people being sued, he warned. "The speed with which an embarrassing or even unlawful photo can make it from phone to internet is breathtaking – digital-savvy types can take a photo and post it on a blog, website or social networking site for the world to see within seconds," said Mr Whittaker, of SAS Daniels LLP.
"The problem is that unless the subject or subjects of the photo give their permission, then it could be a sack-able and sue-able act." Our right to behave badly in the confines of the office Christmas party is apparently protected by European legislation.
Mr Whittaker said: "It's Europe again: under the European Convention of Human Rights, everybody has the right to respect for their private life. Employees should seek permission from each individual before posting their photo on a website or blog, otherwise it could give rise to problems for staff and employer. Now, we've all been there – or nearby; Christmas parties are full of silly, stupid or sometimes downright offensive little acts carried out by people whose judgment is severely impaired by the effects of ten pints of lager or a bottle of Lambrusco.
"Sticking a mobile phone camera lens under a lavatory door, up a skirt, into the face of somebody caught snogging or engaging in any one of a million other revelrous acts, and then sharing the picture with anybody, by any means, is actionable on the grounds of anything from breach of European privacy laws, through to transmission of pornographic material, or even defamation.
"At least if the pictures are taken by a digital camera with no transmission capability, then the photographer and perpetrator each have time to reflect before the picture finds its way to somewhere it shouldn't."
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