Photographs
If an image can identify an individual, it’s considered personal data under data protection legislation, and the photographer must respect the individual’s rights, including informing them the image will be taken and obtaining consent before using it.
Key things to remember:
- Ask permission: You usually need to ask before taking and using someone’s photo, especially if you’re going to share it. This is called “consent.”
- Tell them why: You need to clearly explain why you’re taking their picture and what you will do with it.
- Photos of children and vulnerable adults need extra care and require permission from a parent, guardian or carer.
- Keep it safe. Store photos securely and don’t keep them longer than you need to.
- They have rights: People can ask to see their photos, change them, or ask you to delete them.
- Basically, be respectful and get permission when needed. Further information is available here.
Newsletters and mail outs
To ensure compliance with the General Data Protection Regulation (GDPR) for newsletters and mail outs, you need to obtain explicit consent from subscribers for marketing emails, provide a clear way to unsubscribe, and be transparent about how you will use their data. You should also minimise the data you collect and only use it for the purposes stated in your privacy policy.
Here’s a more detailed breakdown:
1. Consent
• Explicit consent: GDPR requires that you obtain explicit, informed, and unambiguous consent before sending marketing emails. This means you need to have a clear and affirmative action from the user to subscribe, not just a pre-ticked box.
• Double opt-in: A good practice is to use a double opt-in process, where subscribers receive a confirmation email after initially signing up to verify their email address.
• Privacy policy: You must provide a comprehensive privacy policy that details how you will collect and use the data.
• Transparency: Be clear about the purpose of the newsletter and how their data will be used.
2. Opt-out
• Easy unsubscribe: Make it easy for subscribers to unsubscribe from your newsletter at any time.
• Clear unsubscribe Link: Include a clear and prominent unsubscribe link in each email.
• No unsubscribe hiding: Do not hide the unsubscribe link or make it difficult to find. Ensure that the unsubscribe link works and that subscribers are removed from your list when they click it.