I would have a policy of opting in unless the circumstances dictated or
allowed otherwise. If for example a shot is used that is wide-angle and it is
virtually impossible to positively make out individual identities I would be
less likely to seek consent than a picture which was clearly showing the
identity and activity of the individual.
For business use, staff should be asked whether there are any good reasons
their identity (e-mail address is often a full name) should not be put on the
website - eg being stalked, nasty divorce, escaped from oppressive regime,
etc. Other people (students, etc) should be asked to opt in, their reasons
for remaining anonymous could be even more diverse - eg run away from home,
ex-partner wants to know which Uni they've gone to, former landlord seeking
rent payment, etc. Remember the case when a couple who were married (but not
to each other) were pictured entwined in a public place? The image was taken
using CCTV and a still was used in the local press.
Some webcams are capable of identifying individuals and care should be taken
that anyone entering the area has the opportunity to avoid it if they want
to. Imagine the people in a registry office (no choice) whose images are
sent all over the world - what if the person being wed was escaping a forced
marriage?
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
In a message dated 19/03/2003 09:44:20 GMT Standard Time, [log in to unmask]
writes:
> Can I canvass opinion on obtaining consent for the above? We're currently
> drawing up our policy on this and I favour the opt-out approach (i.e. tell
> data subjects you might put their picture on the web site for promotional
> purposes and wait until they object), but other colleagues take the view
> that the opt-in approach is preferable (i.e. seek active consent before
> placing any personal data on the web site).
>
> Whilst I'm aware of the particular problems of posting personal data to a
> website where it can be processed in countries outside the EEA, I'm also
> concerned to limit the burden of administering a scheme whereby every group
> shot of students at the May Ball has to be reviewed to see if any of the
> individuals in it have not given their consent.
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