If the people in the crowd are identifiable individuals, then the Data Protection Act requires that:

1.  They should be told that their images are being recorded and for what purpose (which is done by most Universities for recording degree day ceremonies)

2.  They have the right to insist that any images of them are removed.

For (1), it is enough to have had a general notice warning attendees that they might be captured on film and used for publicity purposes.

So the key question is whether the folk attended were forewarned and were given the opportunity to object.  If the answer to both is "no", then there are potential problems here.  Why?  What if someone is on the run from an abusive partner, who does not know what city they have fled to.  By chance the abusive partner looks on the repository, sees his/her target and says "Aha, they must now be living in or near Bolton".  Or another scenario - what if a person views the repository and sees his/her partner at the exhibition accompanied by a third party that they shouldn't be with? 

In either scenario, if the aggrieved person then attacks or damages the person in the video, the person attacked would have grounds to sue the University for breach of the Data Protection Act.

Note the key issue is that the individual in the film must be identifiable.  If the individual cannot be identified from the image, there is no problem.

I know of one specific example, where an overseas student was on the run from the authorities because they wanted him to do national service and he was most anxious that his image did NOT appear on anything to do with his then University.  These requests were carried out by the University. For these reasons I would suggest NOT using these images in the repository if the answers to (1) and (2) are "no", and THAT in future the lecturer makes sure (s)he has a general waiver from audiences in his/her exhibitions. 

Charles


Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU

Tel 01509-223065
Fax 01509 223053
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-----Original Message-----
From: Repositories discussion list [mailto:[log in to unmask]] On Behalf Of Taylor, Sarah
Sent: 18 September 2008 14:13
To: [log in to unmask]
Subject: Photographs

Hello everyone,

I was wondering if anyone would be able to offer any advice on how we might deal with a number of items that we have been sent by an academic here.

The items in questions are photographs from an exhibition. Not photographs of the actual exhibits, which wouldn't be causing as much of an issue, but photographs of the exhibition in action. So, there are images of exhibition visitors milling round the exhibits which naturally means that there are many shots of people.

My instinct says that these types of images should really not be included - I'm not sure how these unknown people would react to being deposited in a repository! - but the academic in question seems quite keen for us to include them, as after all, he feels that these photographs represent this particular work. It can be hard enough to establish the position of co-authors, never mind anyone else!

Does anyone have any suggestions of how best to proceed? I'd really like to say that we can't include them, but it would be good to have some other ideas and/or confirmation that our initial reaction of "I don't think so" was near to the mark!

Many thanks.

Best wishes,

Sarah



Sarah Taylor
Electronic Resources Librarian
Library
University of Bolton
Deane Road
Bolton BL3 5AB

01204 903099
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