Imagery: Almost everyone takes pictures and videos with other people in them, is that allowed?
- , by ASE
- 1 min read
Nearly everyone is taking pictures and videos. If other people are on here, it may invade their privacy. Especially if the images end up on the Internet, for example. Taking and publishing photos and videos is therefore not allowed. As soon as people are recognizable in the picture, they are personal data. And then the privacy law applies. It does make a difference here who takes a picture or video and what that person does with it.
Personal use
Does anyone take photos and videos for themselves? For example, as a visitor to a festival? Then the privacy law does not apply. In fact, there is an exception for personal or household use (also called the "household exception"). The condition is that this person keeps the photos and videos private or shares them at most in a very limited circle. For example, in a small app group.
Will the person share the photos and videos more widely? For example, on a public Facebook page? Then the exception does not apply. A foundation is always needed then. In most cases, that will mean requiring permission from the people in the photos and videos.
Business use
For business use, the exception does not apply. Does someone take and publish photos and videos on behalf of an organization or company? Or (also) for professional or commercial purposes? Then the Privacy Act applies.
This means that a legal basis is needed to take and publish photos and videos. For example, permission from the people in the photos and videos.
Publication on the Internet
Are you looking for more information about publishing photos and videos on the Internet? And how to have photos and videos removed from the Internet? Then see also file Personal data on the Internet.
