SINGAPORE: A foreign domestic helper took to social media justifying that as long as she did not reveal her employer’s address or personal details in the photos or videos she took, she should be allowed to post the images.

Following a number of online discussions, one employer took to a social media group asking domestic helpers for their thoughts on taking videos in their employer’s house and posting them online. The woman wrote in an anonymous post: “Dear Helpers, I’d like to seek your point of view. I’ve noticed on other pages conflicts between helpers and employers about taking videos to post on social media”.

She added that the videos were taken in the employer’s house without permission. She then asked helpers in the group: “For those who do take videos in the employer’s residence to post on social media, what’s your thoughts on this? I’d like to seek views from everyone who both do this and don’t this, just to understand everyone’s thoughts and position on this topic”.

One helper who commented on the post had strong views: “For example I’m in my room at night, after work, I take photos of myself, of course, behind me is my employer’s wall. Am I compromising their privacy and safety by doing so? If the employer is so strict about their doors or walls or ceiling popping up as the background of my selfie after work, I don’t think I can work from them. What is scary is when we take photos and videos outside the employer’s house showing the blk, house number, or in the hallway showing a clear description of their location.. I know my boundaries, I know what to post and what not to”.

Most others said that the matter should be discussed beforehand with the employers. Another helper said: “Employers should inform the helper first and foremost about their rules of not putting their family especially kids on social media.. because some employers were okay, some are not .. and for the helpers like me , if they forgot to inform us ,we need to ask our employers if they’re okay posting them .. Everybody needs their privacy right.. so we need to respect each other. No hate. Just love”.

According to the Advisory Guidelines on the Personal Data Protection Act, the following example was given: “Photo-taking by an individual acting in a personal or domestic capacity Diana, an employee of Organisation XYZ, attends XYZ’s corporate social responsibility event. At the event, she meets her friend Dawn. During a break in the programme, they have a personal chat and catch up on each other’s personal lives. During the chat, Diana takes a photograph of the two of them to update her friends of the encounter via social media. Diana then uploads the photograph and displays it on her personal social media page. In this instance, Diana would likely be considered to be an individual acting in a personal or domestic capacity, and would not be required to comply with the Data Protection Provisions in respect of the photo-taking and subsequent disclosure of the photograph via her social media account.

Notwithstanding the above, the Data Protection Provisions may apply in other contexts where Diana is not acting in a personal or domestic capacity. For example, if the photograph is subsequently published for XYZ’s publicity purposes (such as in XYZ’s corporate brochures or website) instead of for Diana’s personal purposes, the Data Protection Provisions are likely to apply to XYZ in respect of the collection, use and disclosure of the photograph. For example, XYZ will have to obtain Dawn’s consent before publishing her photograph for XYZ’s business purpose”.

Earlier this year, a frustrated employer of a foreign domestic helper complained on social media that her maid would not only “scold her vulgarities” on TikTok videos but also “wear makeup at home, wear s*xy underwear, tiktok around the house and then she told us she cannot finish her duties because she has too many things to do”.

In her anonymous post, the woman also wrote that her neighbour’s maid also said that her helper “has a Facebook with a lot of guys chatting. Her private life yes but she is also married with kids back in phillipines”. The employer wrote that she had spoken to her maid over five times asking her not to film TikToks in the house, or even in her room as they were a private family. “It is ok for her to have a TikTok account and dance outside or with her friends. I don’t think I should control her use of TikTok outside. It’s none of my business. Just don’t do it in my house because we have pictures of the kids (we also don’t like guests)”, the woman wrote.

/TISG