I seem to recall that many years ago a commercial photographer took a photo
of my cousin's 3 young daughters for them and then without their consent
submitted the photo to a competition. The photo won a prize and was
displayed in their shopwindow (or a shop window).
Whilst it was a lovely picture and they were no doubt pleased that it had
won the prize, if I remember rightly the photographer didn't ask their
permission to submit the photo for the competition - I presume that they had
just commissioned the photographer to take a personal photo for them.
It wasn't for publication in a newspaper, which would be a different matter.
Nick Landau
----- Original Message -----
From: "datap" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 22, 2006 11:58 AM
Subject: Re: [data-protection] Photos as personal information
>I would consider a cafe to be the public domain as it is an area open to
> and used by members of the public. But I would argue that consent would
> depend on what the photograph was to be used for.
>
> If the person taking the photo was doing so for their own personal use
> this would be exempt from DPA under domestic purposes, but if that
> person entered it in a competition / sold it to a magazine then I would
> hope they would collect your consent - unless you are not identifiable
> from the picture.
>
>
> Tanya Holden
> Information Governance Manager
>
> Metropolitan Housing Partnership
>
>
>>>> Lawrence Serewicz <[log in to unmask]> 22/02/2006
> 11:51:55 >>>
>
> The current discussion on filming graduations has raised an additional
>
> question for me.
>
> I was in London last summer and someone took my photo as I sat in
> coffee
> shop window. I was wondering if the photographer needed to obtain my
> permission and if I had any redress. For example, someone sitting
> inside
> a cafe is not out on the street or attending a public event, which
> would
> indicate that they have some measure of privacy. I can see the flip
> side
> of this argument, where the photographer might argue that when someone
>
> leaves their home they have entered the "public domain".
>
> I would be interested in people's views on the matter.
>
> Best,
>
> Lawrence
>
>
>
> Lawrence W. Serewicz
> Scrutiny Manager
> Management Support Unit
> Wear Valley District Council
> 01388-761-985
>
>
>
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