Photographs and GDPR

Photographs and GDPR
12 December 2019

Photographs and GDPR

Have you ever wondered whether publishing a photo is processing personal data?

Public events and happenings

The processing of personal data in public events and happenings is considered to be the activity where audiovisual and visual recordings are made and the persons on them can be identified. If images of people are captured, then we are already talking about processing personal data. In the event that the course of the event itself is recorded, ie not people and their face, the processing of personal data is not involved.

When photographs are taken for the general public

The processing of personal data must be granted freely, unambiguously, in an informed and concrete manner, and the consent of the person concerned must be provided. The organizer must be able to prove that the consent has been given. A legal basis in the form of a legitimate interest may also be used. It can be used in cases where it is not possible to obtain the prior consent of persons. This legal basis can be used when the number of participants cannot be recognized or limited. If the legal conditions have been met, it is then possible to create and publish photographs.

Taking photographs in schools and preschool facilities

Consent to the processing of personal data is necessary if the controller knows that the persons will be children. The legal guardian gives consent in the case of minors. In the case of indoor and school premises where photographs will be exhibited, the consent of legal representatives is not necessary.

Staff and photos

If the photo will be placed on social networks or on platforms to facilitate communication between employees, their approval is required for processing.

Modeling agencies and photographing

The processing activity and nature of the processing is included in the contract, so there is no need for consent to the processing of personal data.

Publishing photographs in a personal form

The obligation to process personal data with a private individual is not necessary.

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