I'll let the higher ups address questions related to policy or legal jeopardy, but in the interest of serving your personal needs, there's a setting you can use to control that (whether or not your pics can be added to the database). In case you didn't know. Go to your site preferences
Your Profile -> Site Preferences
and toward the bottom there's a way you can disable people from associating your pictures with plants in the database.
See "Allow your forum photos..." here:
As you can tell by the example, I have already selected "No" because I kinda want to be the one who decides which of my pictures end up in the database. Usually I just want the best picture and I like being able to choose.
I hope this helps. I'm not sure I actually understood the question but it's above my pay grade so I'll leave that to others.