A practical consent workflow for Perth hairdressers using before-and-after photos, covering identifiable images, new marketing uses, minors, editing, paid ads and withdrawal.
Abby's take
What this means for the industry — and for independents
Industry impact. Before-and-after images can show skill more clearly than a caption, but they also combine an identifiable person, a service claim and a permanent digital asset. One vague consent box can fail to explain the uses that matter most to the client.
For freelancers. An independent hairdresser controls the camera, storage, edit and publication decision. A disputed post can cost the relationship, force an advertising campaign offline and leave the business unable to prove what the client actually agreed to.
My take. I would treat the photo taken for a formula or consultation record as a different asset from the photo used to promote the business. Ask clearly, show what will be visible and keep the answer with the image. A comfortable client is worth more than a post.
What I'd do next
- Separate permission to take and store an image for the client record from permission to publish it for portfolio, organic social, website, education or paid advertising.
- Record the exact channels, whether the face or identifying features will appear, whether text or editing may be added and the date and method of the client’s answer.
- Create a second approval point before changing an existing image from an ordinary portfolio post into a paid advertisement, partner campaign, training asset or media pitch.
- Keep the original and published versions together, avoid edits that exaggerate the result, and maintain a simple process for withdrawal, takedown and deletion requests.
Watch-out. This is general privacy, marketing and client-management information, not legal advice. Privacy Act coverage varies, other laws and platform terms may apply, and consent requirements can depend on the image, client, purpose and business. Obtain advice for the actual workflow.
A consultation photo and an advertisement are different uses
A close-up taken to remember placement, formula or progress serves the client record. Posting the same image with a booking link serves the business. Putting spend behind it, supplying it to a product brand or using it in education changes the audience and commercial purpose again.
Do not ask one overloaded question such as 'Are photos okay?' Break the decision into taking, storing and publishing. Then name the publication uses the client can accept or decline independently.
What the privacy regulator says about identifiable images
The Office of the Australian Information Commissioner says a photo or video is personal information under the Privacy Act when the person’s identity is clear or can reasonably be worked out. A cropped face does not automatically make an image anonymous if tattoos, clothing, location, caption or account tags identify the client.
Most small businesses with annual turnover of $3 million or less are not automatically covered by the Privacy Act, but exceptions apply. The practical standard should not depend on guessing that an exemption will always protect the business: explain the purpose, obtain a specific answer and handle the image securely.
Use a permission ladder instead of a blanket release
Give the client separate choices: record only; anonymous portfolio use; identifiable organic social and website use; education or supplier sharing; and paid advertising. A person may happily approve the back of their hair on the stylist’s feed while refusing a face, name or sponsored campaign.
Record 'no' as carefully as 'yes'. Service quality, price and attention should not depend on agreeing to marketing. If the client changes their mind before publication, do not make them argue with a broad form that never explained the planned use.
Keep consultation records separate from marketing assets · Plan where portfolio images appear on the website
The image also makes a service claim
The Australian Competition and Consumer Commission says images and descriptions used in advertising must be truthful, accurate and supported by reasonable grounds. That includes social media and websites, and intention is not required for an overall impression to mislead.
Keep the result honest. Do not narrow the 'before' crop, change lighting or colour balance in a way that overstates the transformation, hide that extensions were used or imply every client will achieve the same outcome. Note material context where it affects the impression.
Children and vulnerable clients need extra care
The OAIC says the Privacy Act protects adults and children alike and strongly encourages particular care with children’s images. Whether a young person can make an informed choice depends on age and capacity, and a parent or guardian may need to be involved.
For any client, avoid publishing information that was not needed for the result image: a live location, appointment time, health detail, school uniform, home background or another person in the frame. A marketing post should reveal the minimum required.
Build proof that survives a staff change or deleted DM
Store the image ID, client, date, permitted uses, identification level, expiry if any and the exact wording accepted. Link the record to the original image rather than relying on memory or a message thread that may disappear.
If a client asks for removal, check the legal position and respond promptly. Remove the asset from controlled channels where appropriate, stop future scheduled use, record the request and check whether copies were supplied to a brand, educator or advertising account.
Make every portfolio image usable for the purpose you planned
Separate the client record from marketing permission, then publish only the version and channels the client actually approved.
Review the website workflowDisclaimer: General privacy, marketing and business information only. It is not legal advice. Check current OAIC and ACCC guidance, platform terms and the circumstances of each client and image before collecting, publishing or reusing personal information.
Common questions
Does a hairdresser always need written consent to post a client photo?
The legal answer depends on Privacy Act coverage, the image and the circumstances. Written, specific permission is the clearest practical evidence of what the client agreed to and reduces disputes about identification, channels and commercial use.
Is the back of a client’s head anonymous?
Not automatically. A person may still be reasonably identifiable from tattoos, distinctive hair, clothing, location, tags, captions or surrounding context. Assess the complete post, not only whether a face appears.
Can an old portfolio photo be turned into a paid ad?
Only if the existing permission clearly covers that use and remains appropriate. If it covered an ordinary portfolio post, obtain fresh permission before using the image in paid advertising, a supplier campaign or another materially different context.
Next step at The Beauty Basement
A clear no is better than a disputed yes.
Make the permission as specific as the post: purpose, channel, identification, editing and duration recorded before the image becomes marketing.
Keep going — related resources