Now let's assume you reprint the picture on 100,000 leaflets and are just about to distribute them. The person in the picture issues a section 10 notice because they believe you are causing them damage and distress, which you may be. All that money wasted. I err on the side of getting a consent signed in writing and filed correctly. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Carter, Antoinette (MCS) Sent: 23 May 2006 13:44 To: [log in to unmask] Subject: Re: [data-protection] FW: [data-protection] Using & Re-using photo's. Who are you ever going to need to prove consent to? That person knows they said "yes". Even if they change their mind, or even lie, what can they do to prove they didn't consent? If you've made a note "Betty said OK to use" and date it, that would be good enough for the ICO, and no complaint is realistically going to go any further than that. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of John Hughes Sent: 23 May 2006 13:15 To: [log in to unmask] Subject: [data-protection] FW: [data-protection] Using & Re-using photo's. On the strength of a phone call, how would you be able to prove that you had gained consent at a future time? -----Original Message----- From: Carter, Antoinette (MCS) [mailto:[log in to unmask]] Sent: 23 May 2006 13:14 To: [log in to unmask] Subject: Re: [data-protection] Using & Re-using photo's. And consent doesn't have to be a signed consent form - a 3 second phone call could cover it: "Hi Betty, do you mind if I put that photo of us in the newsletter?" Answer: yes/no. Simple -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan Sent: 23 May 2006 12:02 To: [log in to unmask] Subject: Re: [data-protection] Using & Re-using photo's. I agree with colleagues that consent is the best way. Please see Article on our website. Ibrahim Hasan Solicitor Act Now Training The Information Law Training Specialists www.actnow.org.uk Tel : 07808 079264 -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Nick Landau Sent: 23 May 2006 11:46 To: [log in to unmask] Subject: Re: [data-protection] Using & Re-using photo's. A weekly paper I receive goes round a few social events taking pictures of participants in groups. Up to recently the people weren't identified. Now Hello-like the people's names are given - these people are just "ordinary" members of the public mainly. This exchange has made me think that maybe someone has complained about their picture being included and that the photographer asking everyone their name gives the subject the opportunity to say that they don't want their picture to appear. Nick Landau > ----- Original Message ----- > From: "Tim Trent" <[log in to unmask]> > To: <[log in to unmask]> > Sent: Tuesday, May 23, 2006 11:28 AM > Subject: Re: [data-protection] Using & Re-using photo's. > > >> It is, at best, unwise. >> >> We always recommend a consent is signed for such purposes, even for >> internal publicity, that the consent is specific and enduring. >> >> >> Tim Trent - Consultant >> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618 >> email: [log in to unmask] >> Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell, >> United Kingdom, RG12 1BP >> http://www.marketingimprovement.com >> >> >> >> >> Important: This mail contains proprietary information some or all of >> which may be legally privileged. It is for the intended recipient >> only. If an >> addressing or transmission error has misdirected this email, please >> notify the author by replying to this email. if you are not the >> intended recipient you must not use, disclose, distribute, copy, >> print or rely on this email. >> If you are not the named recipient please notify us immediately. This >> email >> and any attachment(s) are believed to be virus-free, but it is the >> responsibility of the recipient to make all the necessary virus checks. >> This >> email and any attachments to it are copyright of Marketing Improvement >> Limited unless otherwise stated. Their copying, transmission, >> reproduction in whole or in part may only be undertaken with the >> express permission, >> in >> writing, of Marketing Improvement Limited. >> >> >> >> -----Original Message----- >> From: This list is for those interested in Data Protection issues >> [mailto:[log in to unmask]] On Behalf Of Steel, Rachael >> Sent: 23 May 2006 11:16 >> To: [log in to unmask] >> Subject: [data-protection] Using & Re-using photo's. >> >> Dear List Members, >> >> In your opinions is it right or wrong to carry out the following action: >> >> Take a photo of a call centre worker with a colleague in the background, >> use >> the photo internally for an article, then re-use it by sending it to the >> local weekly newspaper to use for an article without checking with the >> individuals in the photo first. >> >> Your thoughts and opinions would be greatly appreciated. >> >> Thanks >> Rachael Steel >> Information Management Officer >> Corporate Development >> Thurrock Council >> Civic Offices >> New Road >> Grays Thurrock >> Essex RM17 6SL >> Tel: (01375) 652470 >> Email: [log in to unmask] >> >> >> >> The information in this e-Mail and any attachment(s) are intended to be >> confidential and may be legally privileged. 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