Matthew (et al),
The opinion of the compliance officer we are working with is that photos
constitute personal data if they are either:
Photos of a person (or persons) where those person(s) are the specific subject
of the photo.
- or -
Photos of a group of people where their images are clearly identifiable (e.g.
the classic "happy seminar group" photo that graces every prospectus every
published.
Photos that match the above notions need to be taken and then processed (e.g.
published on websites etc) with the subjects' explicit permission.
More general photos that incidentally include images of individuals who are in
no way the subject of the photo (e.g. the "lecturer in full flow with attentive
audience in background" photo, also familiar to prospectus connoisseurs) are
different. Background images are not personal data, so you don't need the
permission of everyone in the theatre (though, obviously, it might be an idea
to get the lecturer's permission).
Of course, this is is real "piece of string stuff". The consolation is that, in
the unlikely event that someone who appears in the background of a general shot
complains that their data has been processed without permission, then they'll
need to prove they are identifiable from the photo and (if they're seeking real
redress) that they have suffered "damage or distress" because of this**.
In short, if you use courtesy and commonsense you shouldn't tread on anybody's
toes.
Andrew Okey
Lancaster Data Protection Project.
** A few years ago, incidentally, our own prospectus' cover-shot carried the
image of a rather comely undergraduate woman on a bike, without her permission.
She complained about this and got an apology but it was pre-1998 so that's as
far as it went. I believe applictions from male UCAS candidates rocketed that
year.
> -----Original Message-----
> From: Stephenson,M [SMTP:[log in to unmask]]
> Sent: 18 June 2001 16:12
> To: [log in to unmask]
> Subject: Photographs again
>
> Dear All,
>
> I am curious to find out your opinions on DP and photographs.
>
> John Hitches sent a very useful email to the list in October on this topic
> which said (more or less) that photos of specific individuals should have
> written consent, organised or targetted group photos such as of a class
> should have verbal consent, and the individuals be given an opportunity to
> leave, and for general shots, no specific action was needed.
>
> But what about shots of audiences at public lectures. The date, place and
> time is known but the audience could be anyone. It seems as if such
> examples are half way between the second and third scenarios above.
>
> And also what is the list's thinking on details of large general shots of,
> say a street scene, where the image of one individual is isolated and blown
> up so that a separate photograph of one individual is made. Would that need
> written consent as it is of one individual or no consent as it is general
> and of an anonymous person who could have been anyone?
>
> Many thanks for your help.
>
> Matthew Stephenson
>
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