It has become quite normal for pictures to be taken in connection with association life – whether it is the proud parent who captures moments from his child’s association life or it is the members who want to show others what they do in their free time. Many associations also take pictures themselves and post on social media to attract and show any future members what happens to fun activities in their association. In the vast majority of cases, these actions are completely harmless and without conflict, but with the new Personal Data Act, you can quickly get stuck if you are not in control of the formalities.
1. With or without consent?
With consent
If you have received the person’s consent, you are in your good right to use the pictures on social media and in public, of course always applicable according to the rules included in the consent statement. This must also be able to be documented, ie. be written and not just oral.
It is also important to remember that the declaration of consent must state that the person giving his or her consent can always withdraw it. In that case, the association must, as far as possible, delete the photos of the person that are publicly available. Here, in some cases it may be important to note that it is not possible to withdraw material that has been printed, and this rule therefore only applies to digital images.
Without consent
It can be difficult for an association to get started collecting consent forms. At the same time, it is also cumbersome to have to ask for consent every time the association wants to post a picture on the internet – especially if it is a picture of a larger assembly. If you upload images without consent, you must meet three conditions:
- There must be a legitimate and objective purpose in connection with the publication of the image. For example, that pictures of the community and fun activities in the association are posted to attract new members. Here, however, the following two points must still be observed.
- The images must be harmless. Here you must always take an overall assessment of the image and with your common sense assess whether it is appropriate to upload the image.
- Portraits may never be published without consent. Although the image may meet the first two requirements, it may not be published if it is a portrait image and the person has not given consent.
2. What kind of pictures can be published?
In connection with the Personal Data Act, a distinction is made between two concepts: situation images and portrait images.
Situation pictures have the situation in focus and not the people themselves. For instance if a picture is taken of an “Association on tour”, where it will be the main headline, and where some people look in a different direction while a few people look at the camera, this will be a situation picture.
Portraits focus on the people in the image and make them identifiable. If we reuse the previous example, an image with the same heading as the last “Association on tour” will be categorized as a portrait image, if everyone is asked to look into the camera. Here it is suddenly more about who is on tour.
There is no doubt that at times it can be difficult to distinguish between a situation picture and a portrait picture. If in doubt, it is recommended that you either do not use the image or obtain a statement of consent from the persons appearing in the image.
Need help with a statement of consent in your club or association?
Do you in your association need a declaration of consent regarding the use of images? Then you have the opportunity to receive a template on this page. If you also need a template for your Personal Data Policy, you can receive it at the same time.