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TASI's advice is very sensible and should be followed Charles Professor Charles Oppenheim Head Department of Information Science Loughborough University Loughborough Leics LE11 3TU Tel 01509-223065 Fax 01509 223053 e mail [log in to unmask] -----Original Message----- From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Grant Young Sent: 16 January 2008 15:40 To: [log in to unmask] Subject: Re: Permission for using images Dear Gillian and others TASI has put up some information on how data protection might relate to images, see: <http://www.tasi.ac.uk/advice/managing/data_protection.html> Please note that this document was last updated in January 2005, so there may be some more recent case law that has further clarified the issues it raises. We ran this document past the Information Commissioner's Office (ICO) for comment before we published it. While they had no objections to the content, they made it clear that they do not provide any endorsement for presentations by other parties, so it should be read with this in mind. You should also be aware that TASI cannot provide any legal advice. If you have or others have specific queries relating to data protection, I've always found the ICO's enquiry service extremely helpful. In my experience they seem to take a fairly pragmatic approach. Contact details here: <http://www.ico.gov.uk/Global/online_enquiries.aspx> They also have a lot of useful resources on their website - nothing I've found that comprehensively deals with images, but some useful information about CCTV footage and the following document about taking photographs in school settings: <http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_photos_v3.0_final.pdf> Another useful source of information is JISC Legal, who provide a good general overview of data protection: <http://www.jisclegal.ac.uk/dataprotection/dataprotection.htm> They also have an enquiry service:<http://www.jisclegal.ac.uk/aboutUs.htm#contact> Finally, I should note that we also have a short FAQ about model release forms on our website - these are one means of obtaining consent: <http://www.tasi.ac.uk/advice/managing/faq_model_release.html> With best wishes, Grant ---------------------------------------------------------------- Grant Young TASI Technical Research Officer (half time)* Digitisation Project Manager (half time)** *TASI - Technical Advisory Service for Images Free Helpdesk for UK Further and Higher Education: <[log in to unmask]> Online advice documents: <http://www.tasi.ac.uk/> Hands-on training: <http://www.tasi.ac.uk/training/> A JISC Advisory Service **19th Century Pamphlets Online Digitisation Project <http://www.curl.ac.uk/projects/NineteenOnline.htm> <http://www.ilrt.bris.ac.uk/aboutus/staff?search=cmgay> ---------------------------------------------------------------- --On 16 January 2008 12:54 +0000 "[log in to unmask]" <[log in to unmask]> wrote: > If the person is an identifiable individual (e.g., their name or other > details are provided, or the person can be identified in other ways > from the image), then the Data Protection Act requires that the > individual be informed that a photo of them will be taken and placed > on the web, and consent (ideally written) should be obtained from > them. If a minor is involved, in general their parent/guardian's > permission should be sought. > > Bear in mind the situation that an individual is on the run from an > abusive parent/partner and does not want the abuser to know where > he/she is, and you can see the reasons for this requirement. > > Charles > > > Professor Charles Oppenheim > Head > Department of Information Science > Loughborough University > Loughborough > Leics LE11 3TU > > Tel 01509-223065 > Fax 01509 223053 > e mail [log in to unmask] > -----Original Message----- > From: A general Library and Information Science list for news and > discussion. [mailto:[log in to unmask]] On Behalf Of Rutherford, > Gillian Sent: 16 January 2008 12:43 > To: [log in to unmask] > Subject: Permission for using images > > Colleagues, > Does anyone know the legal position of using photos of people on > websites and in institutional publications? * Is written consent > needed? > * Are there age restrictions to such permissions needed? > * Etc. > Any information about this would be very welcome. > Many thanks in advance > Regards > Gillian > > Gillian Rutherford > Head of Library Services > Tyne Metropolitan College > Embleton Avenue > Wallsend > Tyne and Wear > NE28 9NJ > > 0191 229 5293 > P > > Please consider the environment > A PC monitor left on overnight wastes enough energy to laser print 800 > A4 pages Do you really need to print this email? > > > LEGAL INFORMATION > > Information contained in this e-mail may be subject to public > disclosure under the Freedom of Information Act 2000. Unless the > information is legally exempt, the confidentiality of this e-mail and > your reply cannot be guaranteed. > > Unless expressly stated otherwise, the information contained in this > e-mail & any files transmitted with it are intended for the recipient > only. If you are not the intended recipient you must not copy, > distribute, or take any action or reliance upon it. If you have > received this e-mail in error, you should notify the sender > immediately and delete this email. Any unauthorised disclosure of the > information contained in this e-mail is strictly prohibited. > Any views or opinions presented are solely those of the author and do > not necessarily represent those of Tyne Metropolitan College unless > explicitly stated otherwise. > > This e-mail and attachments have been scanned for viruses prior to > leaving Tyne Metropolitan College. Tyne Metropolitan College will not > be liable for any losses as a result of any viruses being passed on.