25/05/2018
As a photographer, how can I prepare for GDPR?
The first couple of things you need to consider are – how you handle and store your photographs and the purpose of the photographs. If the purpose is artistic, journalistic or academic, GDPR will not apply, given that you have a precaution in place to prevent the photographs and other personal data from hacking.
If your purpose is not listed above, you need to think about your legal ground of possessing the photographs, for instance an agreement or a consent.
How does GDPR affect street photography?
The purpose of street photography is normally either artistic or journalistic. As both journalistic and artistic creation are excluded from GDPR, photography of people in the streets and the subsequent photograph processing is normally permitted given that the subsequent processing has the same purpose.
Does GDPR apply to photography retroactively?
Yes, GDPR also includes photographs (personal data) taken before the new legislation begins to apply. GDPR does not apply if you have artistic or journalistic purposes with the images.
Does GDPR affect photographs with minors?
Only if you lack an artistic or a journalistic purpose. However, in general, children's personal data is particularly protected by GDPR. If a consent is required, it must be given by the guardians if the child does not understand the meaning of the consent (the rule of thumb is children under the age of 15).
How does GDPR affect photographs taken during social occasions?
GDPR does not prevent photography in the context of mingling or other social occasions if it is done in the context of artistic creation or for journalistic purposes. Even in other cases, it may be supported by so-called interest weighting, given that they are everyday images that reveal no more than harmless personal data. An assessment in the individual case based on common sense is recommended. Similarly, it is the purpose of the use that matters.
