I AM A PHOTOGRAPHER, CAN I EXPOSE THE PHOTOS OF THE CHILDREN IN THE SHOWCASE? WHAT ABOUT A WEB PAGE?

08 Jul I AM A PHOTOGRAPHER, CAN I EXPOSE THE PHOTOS OF THE CHILDREN IN THE SHOWCASE? WHAT ABOUT A WEB PAGE?

In order to expose the photos of minors in the showcase it is necessary the consent of the minor (if older than 13 years) or of his/her parents if it is minor of that age as it is a personal data.

It cannot be accepted that the mere capture of the images of a person in a photographic study grants the photographer a copyright or intellectual property to use in the manner deemed appropriate by the image of that person without his consent, exposing it to the public.

Similarly, the publication on a website of the photos of minors constitutes a transfer or communication of personal data, defined as “any disclosure of data made to a person other than the interested party” and requires consent, in the terms mentioned in the RGPD, of the affected or his/her parents if it is a minor of 13 years.

In relation to the photographs the RGPD introduces a clarification on the biometric data. The use of biometric systems must, first of all, have an specific Impact Assessment. Secondly, since sensitive data are dealt with, the person responsible and the manager of the treatment, if appropriate, must provide greater protection. Thirdly, the express consent of the person concerned shall be provided.

The image of a person precisely merges several identifying elements that make it unique and different from the rest without needing more information. This image refers to or may also refer to specially protected data, such as race, religion, special physical or health circumstances, etc.