Checklist for publishing photos and films

  • Basis for publication of the image

    You must be allowed (consent) by the person in the photo or have a legitimate interest in publishing the photo.

  • Accountability to the persons in the photo

    Make sure that the people you photograph are aware that you intend to publish the image so that they have the opportunity to react, and for example object to it.

  • Right to object

    You must allow people who appear in the photo to object to the publication of it. It must be possible to do so before the photo has been published or at a later date.

What are the rules for publishing photos

There are no rules for exactly which type of photo require consent.

  • Whether a photo can be published on the internet is assessed based on whether you have the basis to publish the material. For example, do you have permission from the person in the photo? The processing of personal data may, among other things, happen if the data subject (the person in the photo) has consented to it.
  • However, a photo may also be published if you (the data controller) have a legitimate interest in publishing the image and this interest exceeds the interests or rights of the photographed (data subject) (The balancing of interests rule).
  • When assessing whether a photo can be published on the basis of a balance of interest, it depends, among other things, on the nature of the photo, including where and why the photo was taken, in what context the photo is included and what the purpose of the publication is.
  • It is crucial that the people in the photo cannot reasonably feel exhibited, exploited or violated, e.g. in connection with marketing or other commercial purposes. The age of the person in the photo must also be taken into account in this respect. Therefore, consider always what potential impacts or consequences the publication of the photo might have on the people who are in it.
  • In the case of photos with children and adolescents, you should be extra cautious and this group of people should be given special protection. Children and adolescents are often less aware of the risks and consequences that can be associated with the processing of personal data – in this case, your publication of a photo of them. See more on the website of the Danish Data Protection Agency

Credit card not necessary – Get 5 free consents

Disclosure and right to object

  • Just as you need to make sure that you are legally allowed to publish an photo on the internet, ie. that you have a basis for publishing the photo, you should also be aware that there is a duty of disclosure to the persons appearing in the photo. In general, make sure that the people who are in the photo are aware that you intend to publish it on the internet so that they have the opportunity to react, for example, object to it.
  • If the person appearing in the photo is dissatisfied with the publication, he or she is entitled to object. This can happen before the photo has been published or at a later date. In this case, the person must indicate which photo is to be deleted and why. If the people in the photo don’t want to have it on the internet, you should remove it immediately. The consents of PhotoConsent meet the duty of disclosure and the right to object by informing the photographed of his or her rights in the consent.

What is a consent form?

  • A consent form is a statement in which a person allows others to use and publish, for example, photos or films with that person. You can legally obtain consent in several ways, for example, orally or in writing. It is always the photographer, the company or the organization that must be able to prove that consent has been given for the use of the material and that the consent complies with the personal data law. When you obtain consent with PhotoConsent your consent is automatically archived so you can always find it again.

Features of the consent:

1
2
3
4
5
6
7
8
1
Your logo
2
Name, address and email of the consent giver
3
Selfie feature
4
Text that complies with GDPR law
5
The name of the consent giver is automatically transferred
6
Consent is approved and accepted
7
The QR code is used to share the consent
8
The photographer’s notes about the consent