I used to work for a service-oriented company, where I frequently interacted with clients and partners as part of my job.
After I left the company, they posted a notice on their official Fanpage to inform clients and partners that I was no longer employed there. The post included my photo, former job title, phone number, and other personal details.
I was neither notified nor consulted beforehand regarding the public disclosure of this information.
Subsequently, some clients and partners contacted me to ask why I had left. Some even speculated that I had issues or committed misconduct during my employment, prompting the company to issue the notice.
I understand that businesses may need to announce personnel changes to avoid confusion in business transactions. However, does publicly sharing a former employee's photo, phone number, and personal information on social media without their consent violate the law?
To what extent are businesses permitted to make such announcements, and what information must be withheld to avoid infringing upon the employee's privacy rights?
Reader Hong Ngoc
Legal Advice:
In practice, a business may need to notify clients and partners about an employee's departure to avoid confusion in transactions. However, this need does not grant the company the right to unilaterally publicize all personal information of the former employee on social media.
Rights regarding one's image and personal information are recognized and protected under the Civil Code. Under current laws on personal data protection, an individual's full name, image, phone number, and other identifying information fall under the category of basic personal data.
Point c, Clause 2, Article 25 of the Law on Personal Data Protection 2025 stipulates that employers must delete or destroy an employee's personal data upon the termination of the employment contract, unless the parties have agreed otherwise or the law requires continued retention and processing.
Meanwhile, Article 16 of the Law on Personal Data Protection 2025 stipulates that the disclosure of personal data may only be carried out in specific cases, such as when the data subject has given consent or when necessary to fulfill contractual obligations.
Thus, while a company's announcement regarding an employee's departure may be necessary for business operations, the scope of the disclosed information must be limited. If a business publishes the former employee's image, phone number, former job title, or other identifying information without a legal basis or the employee's consent, it risks violating regulations on personal data protection. Point b, Clause 2, Article 50 of Decree 330/2026/ND-CP—which regulates administrative penalties in the fields of cybersecurity and personal data protection—stipulates that publicly disclosing personal data without the data subject's consent, or in cases not permitted by law, may result in a fine ranging from VND 20 million to VND 50 million.
Beyond the issue of personal data, the content of the announcement must also ensure it does not infringe upon the employee's honor, dignity, or reputation. If the wording of a post implies that a former employee committed misconduct, a violation, or faced disciplinary action without factual basis, the enterprise could incur additional legal liability depending on the nature, severity, and consequences of the action.
Therefore, when announcing a former employee's departure, the company should disclose only the information strictly necessary for business transactions—such as the fact that the individual no longer represents or works for the enterprise as of a specific date. Regarding images, phone numbers, or other personal details, the enterprise should discuss and reach an agreement with the employee beforehand or use such information only when there is an appropriate legal basis.
In summary, while enterprises have the right to announce personnel changes to prevent transactional confusion, this does not grant them the freedom to publicly disclose all personal data of a former employee. The scope of information provided must be purposeful, necessary, and factually grounded, and must not disadvantage or infringe upon the employee's legitimate rights and interests.