GDPR Implications

paulocon2

Afternoon all,

With the GDPR deadline looming, has anyone looked into the implications for photography?

As someone who takes photos on occasion for a local sport team (which they use on their social media pages), I'm led to believe that this would require consent of all participants in the game (as well as all spectators that may be in-shot as well presumably).

Seems like a minefield to hobbyist photographers (and professional alike)!

awec

paulocon2 wrote: »

Afternoon all,

With the GDPR deadline looming, has anyone looked into the implications for photography?

As someone who takes photos on occasion for a local sport team (which they use on their social media pages), I'm led to believe that this would require consent of all participants in the game (as well as all spectators that may be in-shot as well presumably).

Seems like a minefield to hobbyist photographers (and professional alike)!

I'm not a lawyer, but....

GDPR doesn't apply to hobbyists. Recreational use is exempt. I think this would cover things like street photography too.

You wouldn't need explicit consent from everyone in your scenario. In that sort of circumstances people have a reasonable expectation of being photographed. You are not really impacting their privacy.

For things like weddings (private vs public event) I think so long as anyone who asks not to be photographed is not photographed you should be fine. Again, everyone at a wedding will have a reasonable expectation of being photographed. There is no way anyone is going to be able to get consent from everyone in advance, it's just unrealistic.

Judge

I am also not a lawyer. However, I think the exemptions for journalistic and artistic purposes at Article 85 apply here:

Article 85
Processing and freedom of expression and information
1. Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.
2. For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.
3. Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.

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I am also not a lawyer. However, I think the exemptions for journalistic and artistic purposes at Article 85 apply here:

what constitutes a journalist in relation to GDPR? Anyone with camera, a blogger, a 'real reporter' from the paper?