Scenario: As part of their employment, employees consent to their image being used for the purpose of external marketing promotion. An image of an employee is so used. The employee subsequently leaves the company.
Question 1a: Under DPA, does consent then cease? I think it does.
Question 1b: Can the previously-published image be republished in the same context (assuming s.10 DPA not invoked and conditions fulfilled)? It has been suggested to me that it can, on the basis that consent to the (unchanged) use existed at the time it was taken. I disagree.
Question 2a/b: Does GDPR alter the answers (assuming Article 17 not invoked)?
Question 3: If the consent is in the form of a "model release" that provides the commissioning company with rights to the image, can this (and the usage rights) be withdrawn by invoking (a) s.10 DPA (today, and assuming conditions fulfilled), and (b) Article 17 (after 25 May 2018)?
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