Data Protection Advice Sheet - Photographs
Data Protection advice sheet – the use of photographs
The Data Protection Act 1998 regulates the use of all personal information. This can be anything from a case file with someone's name on it, an e-mail where someone is the subject or even photographs or recordings of individuals. Sometimes, a photograph is not close enough to identify people. These pictures cannot be classed as personal information, because no-one can be picked out. However, close-ups, or pictures where people can easily be identified, count as personal information under Data Protection. This does not prevent you from using them but, generally, it means that you need permission from the people being photographed. You need consent for both still and moving images. General advice • To obtain and use any personal information, you need to satisfy one of a set of conditions laid out in the Act. However, most of the conditions don't apply to situations involving photographs. Unless you have a legal obligation to use photos, or their use is required in a life or death situation, you must get permission from the people in the photographs to make use of them. Generally, for photographers working on behalf of Derby City Council the Council has responsibility. In practical terms this means the employee organising the document for which the photographs are being taken. You must get permission from individuals before anyone takes photographs. You must give a clear idea of what the pictures are for and make sure you have permission before proceeding. In effect, people should have the option of not being included. If people willingly pose for a photographer, then they just need to be told what the picture is for. It is especially important to make sure that you consult parents about photographs of their children, even if the youngster is keen to be photographed. Once a photograph has been taken, it is important you only use the image for the purpose described. For example, if a picture is taken for a newsletter or brochure, you must not subsequently re-use it for a different reason without the permission of the people in it. At large events, people may well expect to get photographed by the local press and official photographers. It's good practice to make sure that photographers working on behalf of the Council identify themselves, and make sure that people know how the photographs will be used. The press has special exemptions which mean they don't need permission to use personal information for the purposes of journalism.
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Derby City Council - Public AKJ
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Data Protection Advice Sheet - Photographs
Specific subjects Websites Many websites use photographs and images of people to make them more people-friendly and attractive. The Data Protection Act does not prevent this. However, websites are caught by the specific rules set down in the Act for the transfer of information outside the European Union. However unlikely it might be, a website can be viewed anywhere in the world, so you need 'active' permission. Unlike the use of photos that can't be viewed outside the EU, this permission must be clear and recorded. Verbal consent is not enough. The way to make sure that websites can include pictures of people is to ask them to sign a simple consent form. You need 'active' consent to make sure that the people in question are content to have their images used. It's imperative that pictures of identifiable people don't appear on a website without their permission. It is good practice not to use the names of children if their photographs appear on websites, even though consent will have been obtained for the use of the picture. Nativity plays, school plays and concerts If they wish to record nativity or school plays, the Head or Deputy Head Teacher must obtain consent from the parents of all children involved, or from the children themselves if they are old enough to understand what giving consent means. Generally this is judged to be 12 and above. This is because teachers and school staff acting in an official capacity are covered by the Data Protection Act. However, parents are not covered by the Data Protection Act when filming or photographing their children. An exemption called the Domestic Purposes Exemption allows people to record information, including photographs, in a private capacity. There is no reason under the Data Protection Act why parents and relatives can't take photographs at concerts, school plays and events. It's not legally necessary to get permission from parents to allow the audience to film or take pictures of a school event. This is not to say that there is not enormous sensitivity over the issue. Problems usually arise out of understandable worries about the potential for recorded images of children to be used inappropriately. To reassure parents, someone from the school may need to: • get consent • exercise caution over who is allowed to attend events • discuss the issue with individual parents.
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Data Protection Advice Sheet - Photographs
Schools are not obliged to obtain consent because of the law. In some situations, a consent-gathering exercise may be the best course; in others, it might generate more worry than before. Staff involved in organising school events must make their own best judgment of the most appropriate action, depending on the circumstances.
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