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GDPR and consent from people being photographed or filmed

On 25 May 2018, a new law will take effect: the General Data Protection Regulation, or GDPR, as it is commonly referred to within the EU.

Legal basis    

Pursuant to the new regulation, the University will now be required to have a legal basis for processing personal data, such as photos and videos. Photos and videos of employees at work do not require consent – part of our job is to inform others of our activities. The same applies to pictures taken at social and open events hosted by us, as long as the purpose for publishing them is to disseminate information about our activities. This legal basis is known as Information of public interest.

In some cases, written consent of persons appearing on photos and in videos is required. For example, when the person is interchangeable and not the subject of our story, known as genre images. In such cases, the legal basis is known as Consent, requiring us to obtain written approval to be allowed to store or publish the data. If a photo of an employee is used in a genre context, consent is also required.

Always inform people about photography and filming

We must always inform the potential subjects that we intend to photograph/film an event, for example, in the invitation and on signs at the entrance to the event. If possible, we should also provide photo- and film-free zones where people who do not want their picture taken can sit. 

Here is a consent form to be used for filming or photography that requires consent:
Download the written consent form in English (PDF, 140 kB, new window)

Publications made under a publishing license are not affected by the GDPR.

Summary

The purpose of the image rather than the image itself should be your starting point. If you intend to use the image to provide information about a certain aspect of the University’s activities, and the people who are photographed are essential, you do not need their written consent. If the people are interchangeable and the photo is used as a genre image, you are required to obtain their written consent.

The University’s procured photographers are aware that the GDPR may affect the assignments they receive from us.
Read more about oir procured photographers here 

For current information, please contact the Swedish Data Protection Authority, and Lund University’s project team working on drawing up guidelines:

Copyright 

Photographs are protected by copyright, which means that the author, i.e. the photographer, has the right to be mentioned in connection with the work. The right applies in all contexts except for when it is practically or technically impossible. This is one of the moral rights of the copyright, and it is non-negotiable.
 

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