Pictures and Photographs

Pictures and Photographs

Any image, such as a picture or a photograph, of an individual can be considered personal data about that individual if:

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

The mere inclusion of an individual in an image is not sufficient to make the image personal data about that individual. An image where an individual is part of a crowd and/or in the background or not readily identifiable is outwith the scope of data protection legislation.

Please be advised that, in many instances, consent will be your most appropriate lawful basis for processing photographs. Ensure you are familiar with the requirements of acquiring and managing consent.