Pictures and Photographs

Any image, such as a picture or a photograph, on an Individual can only be consider as personal data about that Individual if:

• the Individual is the focus of the image;
• the image includes significant biographical facts about that Individual;
• the processing of the image affects the Individual’s privacy.

The mere inclusion of the Individual in an image is not enough to make the information in that image personal data about that Individual. Thus an image where an Individual is part of a crowd and/or in the background and/or not readily identifiable is outwith the scope of the Data Protection Act.

A seperate entry in this A to Z Guide about Consent for Pictures and Photographs describes the circumstances when the DPA will require consent from an Individual (a) prior to taking the image, and (b) to retain an image that may be considered as personal data.