Click here to download image consent forms
These guidelines relate to images of living individuals in all media (conventional hard copy and digital), including photographs, films, videos, webcams, etc., and their capture and use by, or on behalf of, the College.
They are intended for College staff
- who are involved in organising events or activities during which photography or filming may take place on behalf of the College
- who are planning themselves to take photographs or film in the College, or at events organised by the College
- who are supplied with images from other sources for College use
- who wish to use images of living individuals for publication in any form,including on the College website, or for any other purpose.
1.1 Consent
1.1.1 If you are arranging photography or filming on behalf of the College, whether on the premises or at an external event, it is important that you obtain consent from everyone who might be clearly recognisable in an image – whether the image is of a single individual, or a group. You should make sure that those concerned understand what the images will be used for, that they give their consent, and that they have the opportunity to refuse to be photographed or filmed if they so wish.
1.1.2 Although written consent is not a legal requirement, it is always preferable to obtain it as future evidence of agreement. Consent should be obtained for all likely uses of the image - otherwise, if the College later wishes to use it for a different purpose, it will have to obtain specific consent for this. Written consent is particularly important when an image is to be published on the internet (see 2.4 below). Consent forms are available on the portal these must be used in all cases.
1.1.3 If an individual is likely to be photographed or filmed repeatedly during a set period of time (e.g. while they are a member of Council or a College officer), it is possible to obtain generic consent that covers this period. You must, however, be prepared to renew it when appropriate. See the portal for appropriate consent forms.
1.1.4 If any babies, children or young people under the age of 18 years are clearly recognisable in an image, parental consent (or consent from a guardian or carer) should be obtained. See the portal for appropriate consent forms . For reasons of child protection, particular care should be exercised when taking and using images of babies and children.
1.1.5 If you invite an external photographer into the College, or to an event organised by the College, it is important that you brief them thoroughly about the College’s requirements in relation to Data Protection and that you also monitor that these requirements are being met. You should supply them with copies of the College’s consent forms and ensure that they have been completed correctly.
1.1.6 Visiting celebrities and dignitaries who might reasonably be expected to understand that they will be photographed (e.g. government ministers) need not be asked to complete consent forms. It would, however, be both polite and sensible to include an appropriate statement in the letter of invitation. A standard form of words is available for this.
1.2 Large groups, crowds and general scenes
1.2.1 If individuals are not readily identifiable, e.g. the backs of heads at an awards ceremony, or a general crowd shot, and it seems unlikely that any damage or distress would result from taking and using the image, then it is not necessary to obtain specific consent. It is, however, advisable that people in the foreground of such shots, i.e. those within earshot of the photographer, are warned and given the opportunity to move away if they wish. If possible, record that you have asked for verbal consent by completing and signing a verbal consent form.
1.2.2 It is also best practice prominently to display notices warning individuals that photography or filming is taking place at a particular event, so that they may avoid the area if they so wish. Sample wording for such notices is available . If appropriate, such warnings should also be included in printed programmes or other publicity material for the event.
1.2.3 For photographs taken in open public places outside the College, try to avoid shots in which individuals may be identified. In addition, satisfy yourself that individuals would consider themselves to be in a public place, with no expectation of privacy. Also consider whether there might be any reason why they might object to being photographed or filmed.
1.3 Small groups
1.3.1 If small groups are to be photographed or filmed (e.g. participants at a study group), and it is not practical to obtain individual consent forms, you should explain to the group what the images will be used for. Individuals should be given the opportunity to leave the area if they do not wish to appear. This applies to both formal and informal images. If possible, record that you have asked for verbal consent by completing and signing a verbal consent form.
1.4 Special circumstances
1.4.1 Images taken for journalistic purposes may be exempt from some provisions of the Data Protection Act, although individuals may still have concerns about their picture appearing in the press. It is therefore good practice to advise attendees if the press will be attending an event. If you invite a press photographer or a TV crew into the College, or to an event organized by the College, you should ensure that they are supervised by a member of the Marketing team, who will take the necessary action.
1.4.2 Photographs taken purely for personal use are exempt from the Data Protection Act. If a member of staff takes a snapshot of a College event for their own photograph album, or a Member’s relative videos an admissions ceremony as a personal memento, the Act does not apply. If, however, images from either of these sources are later supplied to the College for corporate use, then they become subject to the Act and must be treated accordingly.
2 Using and publishing images
2.1 When considering using an image of a living individual, always check that consent has been given for the particular purpose that you have in mind. Under no circumstances should you use an image if consent has explicitly been refused.
2.2 The Data Protection Act applies only to living individuals. If you are re-using an old image and are certain that no one depicted in it is still living, then it does not fall within the terms of the Act. If it is not known whether an individual is alive or dead, estimate their age at the date the image was taken (if known, and erring on the side of caution) and assume a lifespan of 100 years. Copyright of the image is a separate issue (see 3.2 below).
2.3 If images of living persons are given to you from other sources, whether by an individual, institution or agency, it is essential that you confirm with the provider of the images that any clearly identifiable individuals have consented to such distribution and subsequent use by the College. If possible, obtain copies of any consent forms, or written confirmation from the image provider. It is ultimately the College’s responsibility to ensure that permission is obtained.
2.4 Explicit written consent must be obtained for the use of any images on the internet, even within a password-secured area. Such consent is only valid if it has been clearly explained to the individual concerned that their image will be available worldwide, including in countries where their rights are not protected by data protection law. This applies also to the re-use of older images.
2.5 If you intend to re-use an image for which no consent was sought at the time, e.g. if it was taken before the Data Protection Act came into force, or about which you are unsure, then you should use it only with caution and sensitivity. You should make reasonable efforts to gain consent. If this is impossible, e.g. because the subject is untraceable, you should consider whether the subject of the image was aware that their photograph was being taken and, if so, whether they could reasonably have expected it to be re-used for your intended purpose (e.g. members of Council posing in their robes might be expected to be aware that the College would re-use the photograph in its publications). You should also consider whether use of the image might be considered likely to cause the subject any damage or distress, either because of the way in which they have been photographed or filmed, or because of the way in which you are using the image. If in any doubt at all, do not use the image.
2.6 Particular care should be used when publishing images of babies and children. If possible, avoid using the names or other personal details of any children in text or captions, unless specific parental consent is given.