Your photographer's approach is perfect. I'm sure others will take this
important issue on board and make this a condition of the photographer's
contract.
Dealing with what Phil faces, though, is interesting. He may not waste
public money, and must be seen to be squeaky clean. Tough set of issues
to face.
Lawrence Serewicz wrote:
> Philip,
> I am surprised that the photographer did not have forms or a card to hand. Our press officer/photographer, who worked at sporting events with kids, would not worry about the group (crowd) shots, but any individuals or closeups would be done with consent. They would give them a card and collect their contact details to send them a consent form as soon as they got back to the office.
>
> The general notice is good for letting people opt out of the photo. A close up would be something where the people have to opt in, sign a consent form, whether they are adults or children. I would think this is doubly important if you are thinking of using it in the publicity.
>
> You may want to review your council's policies, especially relating to photographs of children. I know a number of councils have a photography policy to cover these types of situations.
>
> I would say that the harm in this case is minimal unless the name of the child was also present, which does not appear to be the case.
>
> Hope this helps.
>
> Lawrence
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
> Sent: 24 July 2009 15:07
> To: [log in to unmask]
> Subject: [data-protection] Use of Images for Publicity
>
> At a 'medieval' event in Cardiff Castle in 2008 the following notice was
> prominently displayed at the entrance "Photography is taking place in the
> Castle this evening. The images will be used for future promotional purposes of
> this event and Cardiff Castle in general. If you do not wish to be included in
> the photographs, please inform the photographer before the photograph is
> taken. Thank you."
> A professional photographer engaged by the Council took numerous
> photographs some of which were used in publicity for the 2009 event. Many of
> these were general crowd shots and there is no issue with that.
> During the event however the photographer took close up shots of several
> children involved in activities. All with the tacit consent of the adults they
> were with, who would have been fully aware that the photos were being taken.
> The image of one child was used prominently on the front of leaflets, posters
> and other promotional material. As the team says "This image was used in
> good faith and with the best of intentions - it's such a charming picture of a
> child, perfectly reflecting the enjoyment that we wanted to portray. We
> believed that the picture was taken under fair circumstances, that the
> parents were aware that such photography was being taken, especially since
> 2 other close-ups were also done of the same child, for which the parents
> must have seen the photographer at work"
> However we have no direct evidence that the parents were in fact present. It
> could have been older sister / aunt or neighbour for all we know.
> Father has now written to complain that we have breached DP and asked
> what we intend to do to remedy the situation.
> My own inclination is that we do not have consent and the processing is not
> fair. Whilst the notice may be adequate for adults / crowd scenes, where the
> photographer has targeted individuals (esp children) it is incumbent on him /
> her to do more and e.g. speak to the carers and hand them a card with
> contact details (it is probably unrealistic given the nature of the event to
> expect form filling and signatures).
> 1. Do others think we have breached DPA / HRA
> 2. If so, what steps should be taken to remedy. Fortunately this is not like the
> Newham case a few years ago (image used in AIDs literature) so there is no
> suggestion of specific damage. Is an apology and review of future procedure
> enough ? Obviously we will destroy the 'negatives / jpg files and never use the
> images again. We cannot recall what is out there. Should we stop using
> existing stocks of the promo leaflet or could we bend Condition 6 to say that
> in the absence of any distress / damage (we suspect father is 'trying it on' to
> make a buck) using existing stock rather than wasting public funds in
> destroying and reprinting promo literature is not unwarranted.
>
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