END PHOTOS IN EUROPE? WHAT REALLY CHANGES THE GDPR
Social networks are full of messages about the new law of GDPR, according to which from May 25 in the European Union “it will be impossible to shoot passers-by on the streets,” and the publication of such photos could be the reason for deportation. “Russian photo” figured out the intricacies of European legislation and separated the truth from speculation.
While the foreign press is rewarding a new draft law on the protection of the rights of private individuals (GDPR) of praise, Russian social networks paint the perspectives of totalitarian dystopias:
“One of the sections of the GDPR prohibits the publication of images of third parties without their knowledge. In fact, the law completely kills the plot photo. The whole epoch that created the most famous shots that reflect the life of Europe is passing. From May 25, it will no longer be possible to rent a pair that feeds pigeons in St. Mark’s Square and receive the prestigious prize for this. And just to photograph the sights of European cities, without violating the law, it will be very difficult. ”
Let us immediately clarify: the end, which is mentioned in numerous posts, came 23 years ago. Then, in 1995, the Data Protection Directive (Data Protection Directive) was adopted in the European Union, which (surprise!) Also prohibited the publication of photographs of private individuals without their consent. Similar legislation was adopted in almost all European countries; for example, the Data Protection Act localized the directive in the UK. Today, these private acts are replaced by a general supranational law.
If the expression “model release” is not familiar to you, then there is nothing to worry about: most likely, you are doing photography at the amateur level. Then, even if the indignant European resident sees his image in your account on Facebook, he has the right only to demand to remove it; There can be no talk of any litigation or fines (if you are not a representative of Facebook). The concept of Minimum Privacy Impact protects you: if you didn’t violate an individual’s rights with your staff (you didn’t remove a person in an indecent form or compromise him), then no penalties are foreseen.
If you earn a commercial photo, then you already know what consequences are not specified in advance of shooting. However, those documents that you sign with the models will be enough for you. You can secure yourself and download the new model release form taking into account all the features of the GDPR from the Konsento.io site.
Regarding the couple feeding the pigeons in St. Mark’s Square, for a photo of which the author of the text was going to get a prestigious award: as mentioned above, in the absence of a model release, such victories are fraught with consequences. An anonymous couple at any time can claim their share of the reward received by the winner.
Nevertheless, the GDPR has a section that protects the interests of the photographer: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/ legitimate-interests. This section of the guide on the bill describes two interesting features that, in essence, facilitate the work of the photographer. When shooting public events (weddings, sporting events, etc.) and public places, you have to ask yourself: are there objective reasons for those present to expect to be photographed? If your answer is “yes, there is”, then there is nothing to worry about: your shots are protected.
The fact that on the territory of the Russian Federation the same restrictions have been in effect for 12 years makes it especially comical for hysteria in social networks: according to Part 1 of Article 152 of the Civil Code of the Russian Federation “Protection of the Image of a Citizen” introduced by Federal Law No. 231-ФЗ of December 18, 2006 Equally would have to sign a model release – it is necessary when a person is the main object of shooting. The consent of a citizen is not required only if “if his image is used for state or public interests, and also if shooting is performed in public places and this citizen is not the main object of this shooting”.
The changes taking place in the field of photography are only part of one big bill of the GDPR, which leading IT companies began to prepare for adoption two years ago. The GDPR stands for General Data Protection Regulation and, by and large, makes life difficult not for individuals, but for legal entities, primarily large companies. The regulation concerns the collection, storage, processing and publication of personal data of EU citizens. The reason for this supranational law, unifying all the regulations of Europe, was the recent scandals, most often associated with the leakage of personal data from social networks.
The law focuses primarily on large companies – Facebook, Getty Images, etc., which store personal data of users, and makes little difference in the private commercial sector.