Images and film – copyright and consent
GDPR and consent from people who are photographed or filmed
On 25 May 2018, a new law took effect: the General Data Protection Regulation, or GDPR, as it is commonly referred to within the EU. The information below may change as the law is interpreted. For current information, please contact the Swedish Data Protection Authority or see the University's information and guidelines on the Personal Data and Data Protection pages.
More information about what the GDPR entails:
- Read about the GDPR in Sweden at datainspektionen.se (in Swedish)
- Read about the University's guidelines on the pages Personal data and data protection
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 an employee appears 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:
Publications made under a publishing license are not affected by the GDPR.
If the images are to be published in the Image and Media Bank, the original consent form must be sent to Corporate Communication, internal mailing code 22. Remember that you must be able to connect the individual, their consent and the image/s in which they appear – it is recommended that you keep the signed consent forms together with printed copys of the images.
The purpose of the image or film and not the image/film itself should be your starting point. If you intend to use the image or film to provide information about a certain aspect of the University’s activities, and the exact people who are photographed are essential in the context, you do not need their written consent. If the people are interchangeable and the photo/film is used in a genre context, 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 procured photographers here
Photographs and films are protected by copyright, which means that the author 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 and it is non-negotiable.
nina [dot] ransmyr [at] kommunikation [dot] lu [dot] se
+46 46 222 03 20
anna_v [dot] johnsson [at] kommunikation [dot] lu [dot] se
+46 46 222 70 21
petra [dot] francke [at] kommunikation [dot] lu [dot] se
+46 46 222 03 16