Instruct-ERIC Filming and Photography Privacy Notice
Date: 14 July 2021
Version: 1.1
The Applicable Data Protection Legislation states that “Images” (in the context of this document that means photographs/films) of identifiable individuals may count as personal data. For this purpose, a distinction must be made between Images made of individuals or small groups and those made of crowds. Where the Image is made of a crowd the individuals are usually considered not to be individually identifiable. Therefore, the Applicable Data Protection Legislation is unlikely to apply to these Images. Nevertheless, there is no numerical definition of a crowd, therefore professional judgement is required.
What type of personal data is collected?
Instruct-ERIC may commission photography and/or filming services within its Instruct Centres and any other event it organises or helps organise. These events include scientific conferences, training events, meetings, etc. The photographs and videos are commissioned for use in Instruct-ERIC’s internal and external promotional material or for archival purposes. The data subject appearing on the Images may include staff, speakers, researchers, and conference or meeting participants.
For what purposes may Instruct-ERIC take photos or film?
Instruct-ERIC is the data controller for Images taken by Instruct-ERIC staff or by external service providers contracted for this purpose. Instruct-ERIC will use the Images for its core business only. The core business use includes providing educational resources and promoting our services. The primary legal basis for the taking of Images is our legitimate interests.
The legitimate interest for the taking of Images refers to our right to fulfil our core business. We believe that the taking of Images will in general not adversely affect you as an individual data subject. Because of our lawful basis being our legitimate interests, we are not obligated to ask your consent when the Images are being taken. However, Instruct-ERIC must make reasonable efforts to inform you that photography and/or filming activities are taking place.
Notices relating to the Images being taken (for example via email / Eventbrite / posters etc) will be published to indicate that photography and/or filming is taking place. You have the right not to appear in an identifiable way in Images and can arrange for this by contacting the event organiser or by absenting yourself as appropriate.
We will ask for your consent in situations where you as an individual or part of a small group (i.e. not a crowd) are a named subject of a video interview, video teaching session, or a particular photography image. In this situation, explicit consent will be collected prior to taking Images, most often by a consent form. If at any point you wish to withdraw your consent or request that Instruct-ERIC stops using your images/ records, please write to GDPR@instruct-eric.org.
Can I opt-out of being photographed or filmed?
You have the legal right to ‘opt-out’ of appearing in an Image. The lawful basis of the legitimate interests allows you to object to your data being processed. Instruct-ERIC will accommodate such opt-out requests.
Examples of how to opt-out at the moment of the Images being taken include:
- reading signage to place yourself in a photography-free zone (e.g. when photography is taking place in a lecture theatre)
- choosing to stand out of shot. If the shot encompasses a wide area you may choose to leave the whole area
- choosing not to attend the event
- asking the photographer not to include them.
How will the Images be used and how long will they be kept?
Images will be used for Instruct-ERIC’s core business, which includes the provision of educational resources and the promotion of our services. The resulting Images may, therefore, be published in print, electronically on the internet or the Instruct-ERIC Portal, and on Instruct-ERIC social media accounts. We store the Images for as long as it is necessary and useful for our core business, the Images and their carriers are permanently destroyed.
The Images for which Instruct-ERIC is the data controller will be stored electronically, and access will be limited to relevant staff members.
What rights do I have regarding my personal data?
When we do not ask your consent for the taking of Images, our processing is based on our legitimate interests. This means that you have the right to request to ‘opt-out’ of being photographed or filmed as explained above. If you wish to object to the processing of an Image after it has been taken or published, we invite you to contact GDPR@instruct-eric.org.
If we take your Image based on your consent, you have the right to at any point withdraw your consent or request that Instruct-ERIC stops using your Images under its control. In order to exercise this right, please write to GDPR@instruct-eric.org. Please note however that the withdrawal of your consent will only affect future use of your Image.
The rights stated under this section do not bring prejudice to your other rights as found in our more general Instruct-ERIC Privacy Policy.
