Reason for the publication of the image
You must have permission (consent) from the person in the image or a legitimate interest in publishing the image.
The rules for publishing images and videos
Consent and Basis for Publication
There are no specific rules regarding which types of images and videos require consent. Whether an image can be published online depends on whether you have a valid basis for doing so. For example, have you obtained permission from the person in the image? The processing of personal data is permitted if the individual (the data subject) has given their consent.
Legitimacy and Balancing of Interests
An image can also be published if you, as the data controller, have a legitimate interest in sharing it, and this interest outweighs the rights or interests of the data subject (the balancing of interests rule). When assessing whether publication can occur based on balancing interests, factors such as the nature of the image, where and why it was taken, the context in which it is used, and the purpose of publication are considered.
Protection of Individuals in the Image
It is important that individuals in the image cannot reasonably feel exposed, exploited, or violated, especially in connection with marketing or other commercial purposes. Additionally, the age of the person in the image should be taken into account. Always consider the potential consequences or impact that publication may have on the individuals involved.
Special Protection for Children and Adolescents
If the images include children or adolescents, it is crucial to ensure their special protection. This age group is often less aware of the risks and consequences associated with the processing of personal data, including the publication of images. For more details, visit the Data Protection Authority’s website.
There are no specific rules regarding the type of images and videos that require consent.
- Whether an image can be published on the internet is assessed based on whether you have a basis for publishing the material. For example, have you obtained permission from the person in the image? Processing of personal data can occur if the data subject (the person in the image) has given their consent.
- However, an image can also be published if you (the data controller) have a legitimate interest in publishing the image, and this interest outweighs the interests or rights of the person being photographed (the data subject) (the balancing of interests rule). When evaluating whether an image can be published based on a balancing of interests, factors such as the nature of the image, where and why the image was taken, the context in which the image is used, and the purpose of the publication all come into play.
- It is crucial that the individuals in the image do not reasonably feel exposed, exploited, or violated, especially in the context of marketing or other commercial purposes. The age of the person in the image should also be considered. Therefore, always consider the potential impact or consequences of publishing the image on the individuals in the image.
- If the images involve children and young people, you should also consider that this group of individuals requires special protection because they are often less aware of the risks and consequences associated with the processing of personal data—in this case, the publication of an image of them. For more information, visit the Data Protection Authority’s website https://www.datatilsynet.dk
We make it easy for you to collect consent.
With PhotoConsent, you always have consent at your fingertips and can quickly obtain approval from those you are photographing. PhotoConsent replaces your paper consents with automatic and secure archiving.
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Information Obligation and Right to Object
- Just as you must ensure that you have a legal basis for publishing an image on the internet, meaning you have a legitimate reason to do so, you must also be aware of the information obligation that applies to individuals depicted in an image. In general, you should ensure that the person or persons featured in the image are aware that you intend to publish it on the internet, giving them the opportunity to react, such as making an objection.
- If the person depicted in the image is unhappy with the publication, they have the right to raise an objection. This can occur before the image is published or at a later time. In such cases, the individual should specify which image they want to be deleted and provide a reason. If the person or persons featured in the image do not wish to have the image remain on the internet, you should promptly remove it. The consents in PhotoConsent fulfill the information obligation and the right to object by informing the photographed individual about their rights in the consent.”
What is a Consent Form?
A consent form is a document in which a person grants permission for their images, videos, or other materials to be used and published. Consent can be obtained in various ways, including verbally or in writing, but it is crucial that the photographer, business, or organization can prove that consent has been given and complies with data protection laws.
The Importance of a Consent Form
Having a clear consent form is essential to ensure that you can legally use and publish images or videos of individuals. With PhotoConsent, you can easily collect and store consent forms digitally. Our system ensures that all consent forms are securely archived, allowing you to access them whenever needed.
