Newspaper Article - Permission

[Nimbus]

Originally Posted by Wobbles

The journalistic (as a special case) exemption under GDPR /DPA 2018 does allow for publication without consent as long as the Public Interest can be demonstrated in line with a couple of codes of practice (3 or 4 from memory) which are listed in the act.

The escape of a violent prisoner - yes in the public interest
The embezzlement of thousands by someone posing as a charity worker - yes in the public interest
Someone leave charity after 3 years - unless to celebrate really good work (then why not contact you and as you?) - is that in the Public Interest? I am not sure and I work in Data Protection every day

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So are photos of minor celebrities coming out of a party a bit tipsy or walking down the road with a new boyfriend/girlfriend considered "in the Public Interest"?

[Nimbus]

Originally Posted by MrsB87

Also, did you consent to them using your photo as under GDPR they shouldn’t use it without consent.

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It's possible that at the time the photo was taken (it may have been some time ago) the OP consented to the photo being used for publicity purposes. It's clear from the picture that the OP was fully aware the photo was being taken; it's not a candid shot. There may even be something in their original contract that asks if they consent to any photos taken by the company being used for promotional purposes. Many of us probably gloss over that bit and sign without any thought.

It does seem strange that neither the employer nor the newspaper tried to contact the OP for her comment on the matter.

[MrsB87]

Originally Posted by Nimbus

It's possible that at the time the photo was taken (it may have been some time ago) the OP consented to the photo being used for publicity purposes. It's clear from the picture that the OP was fully aware the photo was being taken; it's not a candid shot. There may even be something in their original contract that asks if they consent to any photos taken by the company being used for promotional purposes. Many of us probably gloss over that bit and sign without any thought.

It does seem strange that neither the employer nor the newspaper tried to contact the OP for her comment on the matter.

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Since GDPR all photos must have consent for the particular project. So you can’t take one for a website for example to say this is xxx and then use it a year later for a newspaper article. Where I work we never had to get staff consent due to contracts (although I always made staff aware out of courtesy where their photo would go if I took one. It’s good practice) but now we get a new consent form signed every single time. Working in PR ta something I would never do I can sympathise with the OP and wouldn’t be happy. Easy mistake for a company to make if they don’t have a dedicated PR or Comms department. Many people think they can ‘do’ it and don’t have a clue.

[Nimbus]

Originally Posted by MrsB87

Since GDPR all photos must have consent for the particular project. So you can’t take one for a website for example to say this is xxx and then use it a year later for a newspaper article. Where I work we never had to get staff consent due to contracts (although I always made staff aware out of courtesy where their photo would go if I took one. It’s good practice) but now we get a new consent form signed every single time. Working in PR ta something I would never do I can sympathise with the OP and wouldn’t be happy. Easy mistake for a company to make if they don’t have a dedicated PR or Comms department. Many people think they can ‘do’ it and don’t have a clue.

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Interesting. So, if the company I work for took a photograph of me then they must ask my consent to use that photo for a specific, defined purpose (eg. to put on the company website informing employees of a specific project I work on)? And if they later used that photo for another purpose (eg. a newspaper article promoting the company) then they'd need to ask my permission again?

Is there's no such thing as asking for permission to use the photo for general company publicity purposes any more then?

Also, slightly different topic, what about legitimate interests?

[MrsB87]

Originally Posted by Nimbus

Interesting. So, if the company I work for took a photograph of me then they must ask my consent to use that photo for a specific, defined purpose (eg. to put on the company website informing employees of a specific project I work on)? And if they later used that photo for another purpose (eg. a newspaper article promoting the company) then they'd need to ask my permission again?

Is there's no such thing as asking for permission to use the photo for general company publicity purposes any more then?

Also, slightly different topic, what about legitimate interests?

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There’s quite a bit of grey around it and it gets interpreted differently but we wouldn’t do that. We would come to you and ask if we can use the same photo for a new purpose and get you to sign a consent form again. And I believe the OP could complain (well not complain but request the photo is deleted so it isn’t used in future) to the company she worked for as not only is her photo there, her name is there too without her consent. It’s isnt just like her photo is part of an advert and she’s in a crowd.