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GDPR permission to use photos of people


JackAllTog Plus
9 5.3k 58 United Kingdom
16 May 2018 11:40AM
My local school is seeking a consent refresh for GDPR to use photos of the children for their internal use in the school; their records; and their general advertising etc.

If you have photos of people you use to promote your business do you have consent to use their image?
Do you agree this does not apply to photo's taken in a public space?

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User_Removed 8 240 United Kingdom
16 May 2018 1:50PM
Amateur Photographer has published an online article on Photography and the law that covers your final sentence. It can be found at street-photography-and-the-law-96304

i hope this helps?
RoyChilds 11 101 England
16 May 2018 1:52PM
Under the news rules you need their consent how that works in practice no idea...
Tianshi_angie 3 2.2k England
16 May 2018 2:53PM
I suspect that because there are children involved the school is being very cautious in refreshing their permissions to use images. I think that the law concerning photos taken in public spaces is not affected.


Quote:Under GDPR, people between the ages of 13 and 15 in some EU countries need permission from a parent or guardian to allow some features on Facebook — seeing ads based on data from partners and including religious and political views or “interested in” on your profile. These teens will see a less personalized version of Facebook with restricted sharing and less relevant ads until they get permission from a parent or guardian to use all aspects of Facebook. Even where the law doesn’t require this, we’ll ask every teen if they want to see ads based on data from partners and whether they want to include personal information in their profiles


This is on the Facebook 'news' page so I would assume the ages quoted here (plus those younger as they are not 'allowed' to be members of Facebook) are the reason the school is being careful.
ChrisV Plus
12 2.3k 26 United Kingdom
16 May 2018 3:33PM
If you take any photo and there's an identifiable person in it you can't use it for commercial purposes unless you have consent from the subject [commercial here being to promote, sell or endorse a product].

The AP article seems to be on the verge of being out of date. When GDPR comes into force on the 25th May [just over a week away] it's going to be a while before the dust settles. As I understand it, a person's likeness where it could be used to identify them will be classed as private data and strictly speaking you would need specific consent for the purpose any dissemination [data processing] it may be used for.

It's difficult to work out how this will work in practice - in fact I'd say adherence and therefore strict enforcement will be completely impractical [imagine all those wedding group shots for a starter]. We are still at this stage waiting for guidance on what we can do and the wording of any new consent forms.
Ross_D 4 783 1 United Kingdom
16 May 2018 3:40PM
It would appear that the GDPR is (or will be ) a bit of a minefield.

There is a checklist/info here but it is rather 'wordy ' GDPR


User_Removed 8 240 United Kingdom
16 May 2018 4:12PM
Facebook is International and hardly somewhere ANYONE should look for advice or steerage on something as important as the Law. Remember 13 and 15 age group quoted (above) can drive cars and get married in some countries!

Best stick with non-trivial sites for advice and not Social (influencing?) Networking.
Jestertheclown 10 7.9k 252 England
16 May 2018 4:22PM

Quote:
Best stick with non-trivial sites for advice and not Social (influencing?) Networking.


Better still, disregard everything you read in internet forums, which are littered with misinformed opinion and base your own views on information from reliable, factual sources.
Presumably, the new, relevant government guidelines would be a pretty good place to start.
User_Removed 8 240 United Kingdom
16 May 2018 4:50PM
Agreed Jester! However if you have taken a look at the official site/s for GDPR (for an example see https://gdpr-info.eu/ ) you will find many (including myself) that interpretation is anything but clear. I think people post to forums after having had a look and are looking for 'plain english' or links to sites that might specifically interpret the area they are interested in.

In the case of children as in the original post I suspect whatever authority controls schools (in your arra) would be the definitive people/place to ask/look?

Anyway ...... I am just off to photograph High Court Judges prior to posting those images on Social Media in compromising poses with defamatory text. Tongue
ChrisV Plus
12 2.3k 26 United Kingdom
16 May 2018 4:51PM
Like any major international organisation, Facebook need to get in line with the GDPR leigslation coming into force throughout the EU [including Britain and it seems we'll be maintaining compliance]. No major company can afford to run the risk of being barred from one of its most lucrative markets.

Personally I wouldn't touch Facebook with a bargepole, but they are, as recent events have shown, not entirely a law unto themselves.
User_Removed 8 240 United Kingdom
16 May 2018 4:56PM
I should add as slightly related here that when my wife and I are out and about taking photographs (for example at the seafront), my wife is quite happy to photograph children whereas I (being a man of a certain age) am frankly terrified of such an activity and even do not like my wife doing in case there is confrontation.

Photographing children is fraught with pitfalls and it is a shame that our societies have come to this ....... Sad
Carabosse 15 41.2k 270 England
16 May 2018 11:54PM

Quote:Under GDPR, people between the ages of 13 and 15 in some EU countries need permission from a parent or guardian


Not in the UK.
Tianshi_angie 3 2.2k England
17 May 2018 11:18AM
I know all of the above and it was just for guidance. I have never used Facebook and that quote was not on Facebook but a site offering help with the latest GDPR!

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