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Guidance on use of photography and video

Photography and Video are affective mediums for enhancing College communications and marketing activities. They are commonly used and whilst the new legislation requires the College to consider data protection connotations, it should not be seen as a barrier for them to be utilised.

The requirement to obtain / not obtain consent is often on the scenario in which it is taken. In most situations, gaining consent is likely not required with the use of photography and video being explained within the relevant privacy notices citing the legal basis (often) as being legitimate interests instead (this does however mean that a Legitimate interest assessment updated [Word] will need to be undertaken). In contrast, if the use of photography or video could be deemed to put the data subject at greater risk (for example being used in a medical setting, involving children or vulnerable persons) you must first gain their consent (or that of their parent/guardian). Recording consent can be accomplished by the completion of a consent form which will then need to be retained for the same retention as the photo / video.

However, there are some very important guidelines that need to be followed which will ensure the College, and more importantly the data subject, are protected and you should always make people aware that photography or video recording is taking place and that they do not have to take part. This can be accomplished a number of ways;

-          Transparency – if being taken at an organised event then during the signup to attend data subjects should be made aware that photography/video recording will occur. It should also be explained if they do not wish to be photographed then to tell the photographer and their wishes will be adhered too.

This will be in addition to the mandatory requirement under data protection legislation to inform people how we will process their personal data which is often done via the creation or linking to a relevant privacy notice. For more information regarding privacy notices please see here.

-          Posters – posters should highlight to those attending that photography or video recording will occur. These will also provide a central email address for an individual to contact if a photograph is taken, stored within the asset Library and/or used and the individual wishes for it to be removed.

-          Telling people in person – the action of telling people that a photograph is being taken will give people the opportunity to make a conscious decision to either take part or not.

-          Photo and video areas – make it known where photography or video recording will and will not occur meaning data subjects can proactively avoid taken part by if they wish.  

To find out more regarding the effective use of photography and access resources including further guidance, posters and consent forms please see the College Photography webpage ‘