The more detailed element of this question for us is that we currently gain written consent from people when taking photographs at things like events so that we can use them in promotional material, on our website etc. Another point is the longevity of the consent. Photos are invariably used more than once and it is difficult to have a one size fits all because it depends on the medium of publication, type of event etc. What about withdrawal of consent?
This is not a simple question with a short answer, so let’s break it down. With a few worked examples, with the overriding caveat that GDPR is not about stopping businesses or photos, nor preventing twitter, Facebook, websites or Instagram. It is just making sure that you follow necessary steps to assure people’s reasonable privacy.
Guidance on Photography and video equipment
It is useful to be clear when you are providing a service and when you own the product. If I pay a plumber to install a sink in my house he is providing a service. He doesn’t own the sink, or my house! As a photographer you might take a fee for your service, but the photos belong to the other person. Unless you reach an agreement.
The most important thing is who owns the photo. If I pay you to take my photo then it is implicit that I own the photo, and control everything about it. If you are an artist and you take a photo then you own the photo, and can for example, put it in a frame and sell it.
Clearly if they own the photos they can give consent or withdraw consent. If you own the photos (example photo of surfers and sunset) then you don’t need consent.
SCENARIO1 TAKING PHOTOGRAPHS/FILM FOOTAGE AT A PRIVATE EVENT (EG WEDDING)
If you have a written contract with someone to do photographs/film footage then you must do only what is in that agreement (which can include many options and cover all the issues). You may not, for example, share those photos with anyone else, or publish them without agreement.
There is nothing to stop you seeking agreement. Some people might love the fact that their photos are on your website (others might not).
SCENARIO2 TAKING PHOTOGRAPHS/FILM FOOTAGE AT A SCHOOL PLAY
If photographing children, for example, I would seek parental approval and not share the photos without agreement.
Guidance for personal school photos
SCENARIO3 TAKING PHOTOGRAPHS/FILM FOOTAGE AT A PUBLIC EVENT
There is guidance on-line about photographs/film footage at a public event. In effect if it is a public event then you can take a photo of a rock concert, sailing race, fairground etc.
Guidance for things like public graduation photos (and some useful forms/agreements)
Photographers Rights - Street shooting, people, privacy & children
SCENARIO4 TAKING PHOTOGRAPHS/FILM FOR SOCIAL MEDIA
There is nothing wrong with tweeting a photo of the audience at an event. I did this for the Charity presentation. However to avoid potential issues I took a photo from the back and therefore the only recognisable people are the organisers who are facing forward.
I have actually done some modelling once. Not all models are beautiful! In these circumstances you sign a contract that specifically says that you hand-over all rights to the agency so that they can use the photos howsoever they choose. They took about 100 photos and paid me £100, but they now have a big stock of photos that they can use on their corporate website.
Taking a modelling approach is useful for the scenario where you want to keep the photos and be able to use them for web, print, broadcast etc., You can build all these into the modelling agreement.
FURTHER ADVICE AND SUPPORT
If you need more specific support (for example a meeting) I know the Jersey Community Partnership and Association of Jersey Charities are looking to co-ordinate some resources with various local suppliers.
Jersey Data Protection Association
There is a list of Jersey Data Protection events here
For a general understanding of GDPR I highly recommend the guidance of Jersey’s Data Protection Authority