GDPR and Street Photography
Discussion
Any street photographers out there and do you have any thoughts on GDPR – due to come into force in a couple of weeks? The Bill that enacts these changes is currently going through parliament.
I have searched many web-sites, photo forums, professional organisations, legal pages etc and not really found any truly authorative guidance. The IDPC have published advice which taken at face value looks like you need some sort of consent (informed and written?) to publish any photograph you have taken which includes identifiable people. Inevitably the legalities are tangled up in complex jargon and IMO there are all kinds of definitions which need more careful explanation/amplification such as “natural person , “personal data”, “processing” and even publication. The freedoms to take pictures that include people in public spaces are unchanged – it more to do with what you do with the images afterwards. For the professional photographer there are going to be more hoops to navigate and more elaborate consent forms and contracts to design e.g. for weddings, events etc. Unfortunately I don’t think this is going to go away and I wondered how you are planning to deal with it?
I have searched many web-sites, photo forums, professional organisations, legal pages etc and not really found any truly authorative guidance. The IDPC have published advice which taken at face value looks like you need some sort of consent (informed and written?) to publish any photograph you have taken which includes identifiable people. Inevitably the legalities are tangled up in complex jargon and IMO there are all kinds of definitions which need more careful explanation/amplification such as “natural person , “personal data”, “processing” and even publication. The freedoms to take pictures that include people in public spaces are unchanged – it more to do with what you do with the images afterwards. For the professional photographer there are going to be more hoops to navigate and more elaborate consent forms and contracts to design e.g. for weddings, events etc. Unfortunately I don’t think this is going to go away and I wondered how you are planning to deal with it?
That's the IDPC in Malta, so I'm not entirely sure how applicable that's going to be in the UK...
As an amateur who has previously offered to take photos at friend's social and celebratory events, I have now stopped doing so due to the increasing number of people insisting upon the right to review all photographs before they are shared. It's not feasible nor practical for me to start waving consent forms at people during such events and it's almost guaranteed that the people complaining afterwards are the ones who have tried their hardest to get into every single good photo.
It's a shame and a great irony that the few crusading in the name of personal rights has ultimately resulted in the trampling over of the many whom have previously enjoyed my photos. Sticking to sunsets and things that fly from now on.
As an amateur who has previously offered to take photos at friend's social and celebratory events, I have now stopped doing so due to the increasing number of people insisting upon the right to review all photographs before they are shared. It's not feasible nor practical for me to start waving consent forms at people during such events and it's almost guaranteed that the people complaining afterwards are the ones who have tried their hardest to get into every single good photo.
It's a shame and a great irony that the few crusading in the name of personal rights has ultimately resulted in the trampling over of the many whom have previously enjoyed my photos. Sticking to sunsets and things that fly from now on.
corozin said:
I wasn't aware that GDPR actually covered photography. My understanding is that it's more to do with the management and processing of personally identifiable data and the way that is used, rather that photographs.
What made you think it affected street photography?
It most certainly does affect photography. For professionals it is quite a big deal as they will have to change all their contracts and ensure they have a policy regarding retaining and using information - not just clients data but also their photographs. As far as street photography is concerned a lot is going to depend on definitions like what constitutes "personal data". It could be that any photograph in which there is an identifiable person may be considered personal data. There will be no change to your freedom to take images which include people in public places but more to do with what you do with them afterwards - i.e. if you publish them. I am not sure if that includes sharing on private sites. It is also retrospective legislation so would technically apply to images you have taken and maybe posted in the past. There are also questions about whether photographs taken as "art" or for journalistic purposes will be exempt. The finer detail, the law itself and its interpretation are awaited. For amateurs it is not probably going to make much difference and so far there is no guidance to how it will be enforced. What made you think it affected street photography?
Ah well, it keeps the Eurocrats in nice jobs and pensions, thinking up new hoops for the citizens to jump through.
Fill yer boots: https://gdpr-info.eu/
Only one more year of this expensive self-perpetuating tosh left hopefully.
Fill yer boots: https://gdpr-info.eu/
Only one more year of this expensive self-perpetuating tosh left hopefully.
Simpo Two said:
Ah well, it keeps the Eurocrats in nice jobs and pensions, thinking up new hoops for the citizens to jump through.
Fill yer boots: https://gdpr-info.eu/
Informative link - thank you - lots for the lawyers to get their teeth into there! Brexit won't make any difference as the government has undertaken to enshrine all this into UK law and the Bill that enacts it is on its third stage. Due to come into force 25 May. Watch this space!Fill yer boots: https://gdpr-info.eu/
Beggarall said:
Brexit won't make any difference as the government has undertaken to enshrine all this into UK law and the Bill that enacts it is on its third stage. Due to come into force 25 May. Watch this space!
True, for convenience, but we will (unless the House of Lords continues to bugger things up) at least have the power to rescind/change it if we wish. I suspect the actual effect of GDPR will be: vast cost to business, stupendous wasting of time, and little or no discernible effect at street level. Anyway, this is the Photography forum so my advice is - carry on 
As I understand it, GDPR as enacted by the UK, covers "personally identifiable information" and the guidance make no reference to, or alludes to, imagery. For clarity ...
"Personal data
The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people."
From https://ico.org.uk/for-organisations/guide-to-the-...
I cannot imagine that images would be covered, as famous folks (or anyone) could hide behind the law when in a public place. Obvs on private land the old rules about permission from the landowner still apply.
"Personal data
The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people."
From https://ico.org.uk/for-organisations/guide-to-the-...
I cannot imagine that images would be covered, as famous folks (or anyone) could hide behind the law when in a public place. Obvs on private land the old rules about permission from the landowner still apply.
MrOrange said:
As I understand it, GDPR as enacted by the UK, covers "personally identifiable information" and the guidance make no reference to, or alludes to, imagery. For clarity ...
"Personal data
The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people."
From https://ico.org.uk/for-organisations/guide-to-the-...
I cannot imagine that images would be covered, as famous folks (or anyone) could hide behind the law when in a public place. Obvs on private land the old rules about permission from the landowner still apply.
And so the arguments begin!! This quote is from Article 4 (Definitions) Para 14 " ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;""Personal data
The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people."
From https://ico.org.uk/for-organisations/guide-to-the-...
I cannot imagine that images would be covered, as famous folks (or anyone) could hide behind the law when in a public place. Obvs on private land the old rules about permission from the landowner still apply.
I think there are are exemptions for journalistic purposes but I can't find reference to them
I think the problem is that we (as a photography community) are doing lots of "thinking", but there's no clear cut answer from what I can tell from the ICO.
Until the guidance specifically aimed at photographers is published, I'm anticipating lots of counter interpretations from Joe Public on what their rights now are and all the grief that comes with it :/
Until the guidance specifically aimed at photographers is published, I'm anticipating lots of counter interpretations from Joe Public on what their rights now are and all the grief that comes with it :/
Beggarall said:
Para 14 " ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;"
Good point, and interesting - but out of context I suspect. I think the intention is not to restrict general photography but to restrict facial images that are "resulting from specific technical processing" such as face recognition, I'm sure OOC JPEG would not be considered in the same bracket.However (and as I understand it) - GDPR applies to you if a) "you process EU residents’ personal data?", and b) are "an enterprise" so doesn't apply for home CCTV, your copy of your phone book etc - so I'd struggle how to see how it would not cover those items (which can and do include facial images) but include general/street photography.
I think the "enterprise" element automatically frees up photogs who don't sell, or use images commercially. If you were a commercial photog you would have to comply with GDPR regardless as you will hold personal information anyway (eg. in a diary, invoices etc). How you then implemented RtbF and the various other rules I do not know. Compliance does not prohibit capture of data, though, just the processing of it.
MrOrange said:
Beggarall said:
Para 14 " ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;"
Good point, and interesting - but out of context I suspect. I think the intention is not to restrict general photography but to restrict facial images that are "resulting from specific technical processing" such as face recognition, I'm sure OOC JPEG would not be considered in the same bracket.However (and as I understand it) - GDPR applies to you if a) "you process EU residents’ personal data?", and b) are "an enterprise" so doesn't apply for home CCTV, your copy of your phone book etc - so I'd struggle how to see how it would not cover those items (which can and do include facial images) but include general/street photography.
I think the "enterprise" element automatically frees up photogs who don't sell, or use images commercially. If you were a commercial photog you would have to comply with GDPR regardless as you will hold personal information anyway (eg. in a diary, invoices etc). How you then implemented RtbF and the various other rules I do not know. Compliance does not prohibit capture of data, though, just the processing of it.
As with street photography, there should probably be a couple of notes or forms that you can carry around to calm sensitive souls and obtain permissions as appropriate. Much of GDPR seems to come down to allowing individuals to have control over data associated with their personal identifier (an email, address etc.), so a document that states how individuals can retrieve information, or request it to be removed would meet much of the legislation as I understand it.
'Anonymous' photography would be an interesting test - the spirit of the law seems to suggest that faces in a crowd do not confer ownership to every last person in the photograph. When it comes to photos of individuals the existing laws around privacy and commercial gain probably take precedence, so casual photography is quietly ignored, but commercial/artistic photographers should have consent forms on record.
Tuna said:
and some people are making a fortune from telling everyone around them that they *must* employ a consultant to guarantee compliance.
I had my first spam e-mail about GDPR compliance today. Needless to say it didn't get past the gate. So yes, every time legislation is imposed, a raft of bandits and opportunists make a killing, ker-ching. PPI anyone? We only have another year of that w
ker on the TV....NB GDPR seems to be resolvoing itself into a series of e-mails. For example this just arrived:
"You are currently part of our mailing database because you have purchased tickets for one of our shows and indicated that we may contact you about future shows, signed up through the "contact us" page on one of our websites... or expressed an interest in the past. On that basis, we are assuming that there is legitimate interest for .... to contact you. If you're happy to continue hearing from us and don't want to miss out on our forthcoming shows then there's no need for you to do anything at this time."
May we therefore presume it is totally meaningless and life will go on anyway as it always has done despite the depredations of Gubberment?
Edited by Simpo Two on Wednesday 16th May 21:11
Hi Everyone
Think it comes into force on may 25th May 2018 - this weeeek - unfortuantley.
I was sent some good information from a Data protection Lawyer who knows her stuff she has a check list and some other information some free and some you have to pay for - but even the free check list helps make this GDPR minefield clearer... here's a link if it helps
https://bit.ly/2IIiZyx
Hope it helps....
there may be a remunerations for paid information.
Think it comes into force on may 25th May 2018 - this weeeek - unfortuantley.
I was sent some good information from a Data protection Lawyer who knows her stuff she has a check list and some other information some free and some you have to pay for - but even the free check list helps make this GDPR minefield clearer... here's a link if it helps
https://bit.ly/2IIiZyx
Hope it helps....
there may be a remunerations for paid information.
Edited by Smithy64 on Wednesday 23 May 16:42
Edited by Smithy64 on Wednesday 23 May 16:51
Smithy64 said:
Hi Everyone
Think it comes into force on may 25th May 2018 - this weeeek - unfortuantley.
I was sent some good information from a Data protection Lawyer who knows her stuff she has a check list and some other information some free and some you have to pay for - but even the free check list helps make this GDPR minefield clearer... here's a link if it helps
https://bit.ly/2IIiZyx
Hope it helps....
I think this guy explains it well:Think it comes into force on may 25th May 2018 - this weeeek - unfortuantley.
I was sent some good information from a Data protection Lawyer who knows her stuff she has a check list and some other information some free and some you have to pay for - but even the free check list helps make this GDPR minefield clearer... here's a link if it helps
https://bit.ly/2IIiZyx
Hope it helps....
https://ivorphotography.co.uk/blog/2018/03/01/gdpr...
After due consideration, and reading the many e-mails and letters that have arrived regarding GDPR telling me how 'll be missing out on their great offers, and listening to consultants talking about it on R4, I have reached the conclusion: "It Is All Just Expensive bks", and that it will have no worthy effect on anything, other than to cost companies, and therefore people, money. It will eventually Go Away, to be replaced by another load of bks in a few years.
ks", and that it will have no worthy effect on anything, other than to cost companies, and therefore people, money. It will eventually Go Away, to be replaced by another load of bks in a few years.Gassing Station | Photography & Video | Top of Page | What's New | My Stuff