How to properly take and safely store nudes

The art of spicy snaps

Taking nudes can be a liberating experience, but storing them? That requires a bit of savvy. We spoke with an intellectual property lawyer about keeping your private pictures exactly that – private. 

Whether it’s a way to boost your confidence, share a moment with someone, or just because you’re feeling yourself, nudes are more than just some spicy pics; they’re an expression of who you are.

But great power (and empowerment) comes with great responsibility, particularly when storing them on your phone. You might think, “It’s my phone, my pics.” However, as Australian law suggests, it’s not that simple, and a passcode won’t cut it. The legal risks are real, and understanding them is critical to keeping your nudes safe.

I spoke with Zeinab Farhat, a junior lawyer specialising in intellectual property law, to uncover the risks, protections, and smart moves you should take to keep your nudes safe.

The legal risks: what you need to know

Storing nudes on your phone isn’t as private as you might think. “There are a wide range of legal risks associated with the storage of nudes on a personal phone, which many people do not consider when taking these images,” Farhat explained.

One key risk is unauthorised access. Just because your nudes are on your phone, it doesn’t mean only you can see them. “This includes the unauthorised access of the images or dissemination by a party who has not obtained consent,” said Farhat.

And let’s not sugarcoat it: unauthorised use of nudes is more common than we’d like to admit. We’ve all heard stories about nudes being shared or posted online without consent–sometimes by bitter ex-partners or even casual flings. This is referred to as “image-based abuse” or “revenge porn,” and it’s a legal and emotional minefield.

Another concern? Data leaks. Storing your pictures on cloud services carries its own set of risks. “Data breaches tend to occur where information is stored on cloud services or via third-party service providers/applications,” Farhat shared.

While hackers frequently target celebrities, regular folks aren’t immune, especially if their security measures aren’t up to scratch. Translation: the more places your nudes are stored, the more likely the wrong people will access them.

Storing your pictures on cloud services carries its own set of risks. Image: Pexels

Legal protections in Australia: who’s got your back?

So, what can you do if your nudes end up somewhere they shouldn’t be? Australia’s legal system provides some protection, although it is a mixed bag of federal and state laws. Understanding how they work can help keep you and your nudes safe.

The Privacy Act 1988 (Cth) is a key player. Although it doesn’t expressly mention nudes, it covers how organisations and government agencies such as pictures, handle personal information. “The purpose of this Act is really to assist people in knowing how personal information and sensitive information is obtained, why it is obtained, how it is managed, and who it will be disclosed to,” Farhat told me.

If your nudes can reasonably identify you (think: your face is in the frame), they are protected under this Act. Organisations handling your images must protect them unless you give them explicit authorisation otherwise.

Stay in control of who sees you nudes. Photography: Corrie Bond for Body+Soul

Cloud users should be aware of Notifiable Data Breaches. If a company that’s supposed to be safeguarding your images gets hacked, they’re legally obligated to notify you if it’s likely to cause serious harm. And let’s be real: leaked nudes definitely qualify.

Then there’s the Online Safety Act 2021 (Cth), which aims to keep Aussies safe online – and it’s got some teeth. “The Online Safety Act essentially states that a person who posts or threatens to post the nude may be liable to a civil penalty,” Farhat explained. This act also empowers authorities to order the removal of your nudes from social media platforms and hosting sites immediately.

Let’s not forget criminal legislation. The Criminal Code Act 1995 (Cth) makes it illegal to use a carriage service (like the internet or your phone) to harass or cause offence, including sharing private sexual material without consent. “The offence is aggravated where private sexual material is concerned, and the maximum penalty is five years imprisonment,” Farhat specified. Sharing nudes without consent isn’t just wrong; it’s a serious crime.

Sharing nudes without consent isn’t just wrong; it’s a serious crime. Image: Pexels

What to do if your nudes are compromised

Now, let’s talk about the worst-case nightmare scenario: what if your nudes get compromised? First off, don’t panic. There are steps you can take to protect yourself and pursue justice.

#1. Contact the Office of the Australian Information Commissioner (OAIC): If your nudes were leaked by an organisation covered under the Privacy Act, the OAIC is your first point of contact. “If the OAIC can assist and a breach is deemed to occur, it will investigate and take further regulatory action if necessary,” Farhat advised.

#2. Report to the eSafety Commissioner: The eSafety Commissioner can help you get your images removed and may take legal action against the perpetrator. “It is recommended that you collect evidence and report the matter to eSafety immediately,” Farhat suggested.

#3. Consider local police involvement: If you’re worried about your physical safety or need immediate action, don’t hesitate to contact the police. “We recommend doing this if you are also concerned about your physical safety,” Farhat emphasised.

Finally, take a moment to review your ongoing security practices. Implementing two-factor authentication on your phone and being selective about which apps can access your photos are simple steps that make a big difference. The fewer apps, the better!

Disclaimer: The above information should not be construed as legal advice and is for general informational purposes only*

Zeinab Farhat is a Junior Lawyer at Progressive Legal and specialises in commercial and intellectual property law and advising clients on application of the Privacy Act 1988 (Cth). You can learn more about Progressive Legal here.

Originally published as How to properly take and safely store nudes