Proposed guidelines for Personal Data Protection Act relating to Photography


hori

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The Personal Data Protection Commission drafted some proposed advisory guidelines for photography relating to the Personal Data Protection Act.

Photography is an increasingly ubiquitous activity. Not all photographs may capture personal data, but some clearly do. While the Commission does not expect that the PDPA will greatly affect existing practices with regard to photography, the Commission considers it useful to provide guidance on certain applications of the Data Protection Provisions in the PDPA to photography. Accordingly, the following sections and examples outline certain concepts and the application of some of the Data Protection Provisions in the PDPA to photography. It should be noted that the scenarios provided address particular aspects of the PDPA, and are not meant to exhaustively address every obligation in the PDPA that would apply in that scenario.
Of interest to professional/freelance photographers may be this section:

2.15 Where the photographer is not a data intermediary processing personal data on behalf of and for the purposes of the organisation pursuant to a contract that is evidenced or made in writing, he would be subject to the obligations under the Data Protection Provisions, unless any relevant exception applies. For example, the photographer would be required to obtain consent on or before taking a photograph of an identifiable individual, unless an exception to the Consent Obligation applies.

2.16 Example: Whether a professional photographer is a data intermediary processing personal data on behalf of and for the purpose of another organisation pursuant to contract evidenced or made in writing

Abel, a freelance photographer, is hired by Organisation ABC to be its photographer at its private function. Abel and Organisation ABC sign a contract that clearly states (among other things) that Abel will be taking photographs at the function on behalf of and for the purposes of Organisation ABC, and that Organisation ABC will obtain consent from the attendees. In such an instance, Abel will be considered a data intermediary processing personal data on behalf of and for the purposes of another organisation pursuant to a contract that is evidenced or made in writing, and Abel need not obtain consent from the individuals he takes photographs of at the event.

After the function, Abel selects some of the photographs and publishes them on his webpage to promote his work. Abel will not be considered a data intermediary processing personal data on behalf of and for the purposes of another organisation pursuant to a contract that is evidenced or made in writing in relation to such publication, and will be required to comply with the Data Protection Provisions, including obtaining consent from the individuals in the photographs in order to use or disclose the photographs for this purpose.


Those interested to read through the whole document can access it here. It's just 11 pages.
 

Octarine

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Jan 3, 2008
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#2
This is not new. A hired photographer has no rights to publish pictures which are taken as part of hired work. All rights are with the entity hiring the photographer.
 

kandinsky

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Apr 26, 2008
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#3
This is not new. A hired photographer has no rights to publish pictures which are taken as part of hired work. All rights are with the entity hiring the photographer.
By default perhaps, but don't most photographers usually reserve/negotiate the right to use images for self-promotion/portfolio?

E.g.

________ reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with ______, unless the client has specifically requested otherwise.
___________ reserves the right to reproduce all images for portfolio, display, web site, promotion, etc. No information or names will be posted or used.
________ retains the right to display the work in their corporate portfolio, unless exclusion is explicitly requested in writing by the client.
 

Octarine

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By default perhaps, but don't most photographers usually reserve/negotiate the right to use images for self-promotion/portfolio?
In this case, if the permission of the hiring company is given, it should be clarified whether this is sufficient or whether the individuals still need to give their consent. While the company pays for the picture, the individual rights of the employees are a different topic.
 

ellery

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Jan 29, 2002
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By default perhaps, but don't most photographers usually reserve/negotiate the right to use images for self-promotion/portfolio?

E.g.
Not to confuse copyrights from the requirements of PDPA 2 separate issues. If as per what they state then portfolios now become a big issue as even if you show in private it still violates the act just that yr prospective wants to roll over and report you.
 

catchlights

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Sep 27, 2004
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