Yesterday I found that a person that was collaborating with my business published photos of him inside my facilities on his Instagram account. In those photos, some private data of my company and my clients was clearly exposed. This is extremely serious because he wasn't allowed to do so (and in fact no one can do it without our permission) and we recently found that this person is a fraudster.

How can I report this photo to be removed from his Instagram account (which is a public account by the way)? I tried to report but Instagram clearly didn't understand the issue!

Thank you!


There may be no low-key way to get the photo removed. However, the user is in violation of their terms of service:

You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, here.

That link in fact only discusses trademark and copyright infringement, and does not address confidential information.

If they won't take the photo down, you might sue him and them (or at least get an attorney to imply that that is your next step). Instagram might be found contributorily negligent in revealing trade secrets. You'd have to discuss with your attorney the nature of the data exposed, who then would craft a suitably strong threatening letter.


How can I report this photo to be removed from his Instagram account (which is a public account by the way)?

You can’t. At least not with Instagram.

The information is not confidential as far as Instagram is concerned - they have no contractural relationship with you and no duty of confidentiality. As such, they have no legal obligation to respect your confidence.

Your issue is with the person who disclosed the confidential information providing that he was contractually obliged to keep information confidential (this isn’t automatic in general - it has to be in the contract) and that it was made clear to them that the particular information was confidential. It is not enough to require people to keep information confidential - you have to be clear that this particular information is confidential either explicitly or implicitly by unambiguous context.

If they really have broken their contract you can seek an injunction requiring them to remove the information from Instagram.

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