Data Protection and Information Security. Photography and Filming - Guidelines for the use of Personal Data

Transcription

1 Data Protection and Information Security Photography and Filming - Guidelines for the use of Personal Data Page 1 of 7 Created on: 05/06/2013

2 Contents 1. Introduction Definitions Consent... 3 Appendix 1- Example Consent Form... 6 Consent to use images captured on University Property... 6 Page 2 of 7 Created on: 05/06/2013

3 1. Introduction There are many legitimate reasons why staff or students may wish to take and use photographs or film (digital images) of individual s at the University. Where capturing the image of an identifiable, living individual is done for anything other than personal use, it should be treated as personal data and, like any personal data, is subject to data protection Act The following guidance is provided for anyone at Northumbria University intending to capture digital images. 2. Definitions For definitions of terms used in the guidance, please see the Data Protection section of the University website 3. Consent It is not illegal to take photographs or video footage in public places - unless it is for criminal or terrorist purposes, but taking of photographs of an individual without their consent could be treated as a civil matter. Taking a photo of a person in a location where they can expect privacy is likely to be a breach of privacy laws. Staff and Students should never assume that taking someone s image without their consent is acceptable. Respect should be given to the wishes of the individual Publication of images should only be with the explicit informed consent of the individual. Consent should always be sought, whether taking pictures of individuals, groups or events. The method of obtaining consent will differ depending upon the nature of the environment in which the photographs/films are being taken and the planned use of the image. The following are best practice examples to be followed. 3.1 Informed Consent Where the captured image will readily identify a living individual(s), it is important to obtain written informed consent from them to process the image, Page 3 of 7 Created on: 05/06/2013

4 Informed consent means that they are happy for the image to be taken and that they fully understand how the image will be used and the implications of that use. For example: if the image is intended to be published on the internet, the individual should know what that means. i.e. anyone in the world can access that image. 8 the data Protection Principle If the image is to form part of an advertising campaign, they should be informed as to what the advertising relates to some people may have a moral aversion to a particular product or organisation and might not wish to be associates with it. Informed consent can be obtained by providing the individual with a fair processing notice specifically tailored to the project or event at which the images will be captured. Once they have read the notice, they should be asked to sign a consent form authorising its use (see Appendix 1 for example) using the University template for your project or event The image must only be used for the purpose(s) outlined in the fair processing notice and for no other purpose unless further consent is obtained. Consent can be withdrawn at any time. Where someone withdraws their consent for their image to be used, it should be taken down immediately. Consent forms must be held securely either in electronic or paper format whilst the image is still considered current (i.e. if the image is still published). The image and the consent form must be disposed of securely at the end of their specified retention period. 3.2 Public Events and Consent Images captured at a public (or open) event such as a congregation ceremony should still be captured with the consent of the individuals in attendance. It is unlikely that a photographer would individually be in a position to seek the written consent of each attendee and for the most part, crowd shots will not require it, but measures can be taken: Page 4 of 7 Created on: 05/06/2013

5 Signage can be placed at the entrance and around the edge of the event arena notifying attendees that photography or filming is taking place for the purpose of.. to be used as etc. Event notifications or invites should include a notice of the intent to photograph or film. The notice should include the photographers or organisers contact details so that individuals who believe they may have been photographed can ask for the image to be deleted. This permits individuals to decide if they are happy for their image to be captured and take appropriate action if they do not stay at the back, avoid the cameras etc. Even organisers can arrange for a section of seating to be out of shot so that people can sit there and not be photographed/filmed Where an individual becomes the focus of the photograph (rather than just a face in the crowd) consent should be sought before the image is used. For further guidance or advice, please contact: Duncan James duncan.james@northumbria.ac.uk Records and Information Manager Vice Chancellor s Office Ellison Building Telephone: x7357. Page 5 of 7 Created on: 05/06/2013

6 Appendix 1- Example Consent Form Consent to use images captured on University Property The will today be used by (insert location) the University to produce promotional material/project work/learning Material which will appear: On a DVD/Video (select appropriate) In printed Publications On our website (including blackboard) Northumbria university would like your permission to use your image as part of this material in the following format: Take a Photograph Film a video In order to comply with the Data Protection Act 1998, we need your permission before we take any photographs or recordings. Please complete the sections below, then sign and date the form where shown. Any images taken, or any other information you provide will not be used for any other purpose. I hereby give permission for my image to be used: On a DVD/Video In printed publications On (blackboard) (Images on websites accessed by users outside the UK) Yes / No Yes / No Yes / No Name: Address: Contact No: I have read and understood the conditions of use on the back of this form. Signed Date Page 6 of 7 Created on: 05/06/2013

7 Conditions of use (To be retained by Data Subject) Permission granted by this form is valid for the period specified below and will expire after this time. Images will not be processed beyond this period. For the life of the promotional campaign/ project For two years from the date of signing Personal information such as Name address or telephone number will not be published in any publications or the website. This is used solely to confirm the identity of the data subject. The member of staff running this project is: UNN Staff Contact: Contact No: Page 7 of 7 Created on: 05/06/2013