Photographs or films identifying people or groups of individuals are personal data and need to be planned, prepared, and handled under the University’s GDPR / Data Protection guidelines. Typically, personal data means when an individual or group of individuals are the focus of the image (even if they are not named in the caption).
It isn’t, however, necessary to obtain the specific permission of everyone who appears incidentally in the background or if they are not the focus of the image as this is not considered to be personal data.
There may be occasions where staff are filming or photographing events in or outside the University. As above, it isn’t necessary to obtain the specific permission of everyone who appears incidentally in the background; however, permission will still be needed when an individual or group of individuals are the focus of the image.
Gaining Consent for Photography or Filming
Consent is one of the legal bases for processing personal data under the GDPR; however, it must be specific and given freely.
You need written consent from every individual you film or photograph - unless they are not clearly identifiable. A University consent form is available for this. For children under the age of 16, written consent will be required from parents or guardians of children. A children’s’ consent form is available here.
For VIPs, it may not be appropriate to ask them to complete consent forms and verbal consent will suffice. However, a written note will still be needed as a record of consent.
For work-related events involving University staff, legitimate interest can be used as the legal basis for processing rather than consent. This is based on the fact that personal data are included in the University’s Staff Privacy Policy, and staff would reasonably expect work-related photos or filming to be taken of them.
Data Subject Rights for Photography or Filming
Individuals who are the focus of the filming or photography have a number of rights in regard to their data. They may be able to request copies of images and footage where they are the subject or demand a photo or film of them be taken down from the university’s website or other third-party social media platforms such as Twitter or Facebook. They may also request that all images and footage of them be deleted.
If you receive a request like this in relation to your filming or photography, please contact info-compliance@bangor.ac.uk . All enquiries in relation to data protection and freedom of information legislation should be sent to info-compliance@bangor.ac.uk.