This Policy and Guidance explains what steps need to be taken when Roch Valley Radio obtains images for its own use and when films or photographs are taken at events or at the station premises by others.
For the avoidance of doubt, this Policy and Guidance applies to cameras, mobile phones, videos and any other equipment capable of recording images. Any reference to photographs and photography should be interpreted as including filming.
Roch Valley Radio recognises that taking photographs and using video recording equipment is part of daily life. It does not wish to prevent individuals from taking photographs of their friends and families for personal use.
Roch Valley Radio is particularly mindful of its child protection obligations and this Policy and Guidance seeks to explain what steps the station can take to protect everyone and in particular children and vulnerable adults from unwanted photography or filming on station premises.
The station regularly uses photographs for publicity purposes. The Data Protection Act will apply where the photographs are taken for official use and stored with personal details such as names and addresses. This Policy and Guidance advises what steps are needed to take to ensure compliance with the Act.
Section 1: Photographs taken by or on behalf of the Roch Valley Radio
Roch Valley Radio regularly uses photography and filming for publicity purposes. All enquiries should initially be sent through the stations Media Team.
The station will commission images or filming for a number of reasons and uses. They include:
- Printed materials such as newsletters or brochures.
- Display materials, such as banners and posters.
- To issue to the media alongside press releases.
- To use on the Internet and/or its own website(s)
- To use on social media networks such as Facebook/ Flicker.
Images are either electronic or in the form of photographic prints and photography typically coming from these sources:
- Taken by a designated volunteer of Roch Valley Radio;
- Taken by a commissioned freelance photographer; or
- Submitted by a third party, for example a volunteer using their own equipment.
1a. Photographs of identifiable individuals taken for the station’s Own Publicity Purposes
Permission for photos – In order to protect the station against any action for breach of the Data Protection Act, the station will make it clear to the individual that the photo is being taken for a specific reason and this explained, if the individual is not happy with the photo being taken, the photographer will not take the photo.
Photos of children – Children (under 18) cannot give their own consent to photography; the consent of a parent or guardian is required. Such consent must be obtained from the child’s parent or guardian at the time that the photo is taken, if no parent or guardian is present then it will accept other means of approval [such as one obtained by the school or organisation].
Withdrawal of consent – An individual who has given consent may wish to withdraw that consent at a later date. If consent is withdrawn the individual must be advised that the station cannot recall any publications or films in which their image appears. However once consent is withdrawn, the station will work to ensure that photos of the individual will not be actively promoted dependant on the nature of the request, however; individuals in team or group photos may still be published where required by the station.
Disposal of images – Photographs that are out of date or no longer usable will be destroyed appropriately by deletion of the electronic version and/or archived.
Use of images in publications – Care should be taken to avoid including any personal information where images are used. If images are to be used, the inclusion of detailed personal information will be avoided. However in certain situations the station may use general information on the photograph e.g. John Smith, Arnold.
Use of images on social media sites – photos taken at events such as roadshows will be included on the stations website and social media websites. No personal information will be used with these images, to ensure those pictured are protected. They will only be used as part of the stations promotional purposes.
Correct use of images – There are two potential consequences of using an image wrongly:
- Committing a libel
- Disclosing personal data in breach of the Data Protection Act
To minimise any risk the photograph must be used in its proper context. It is not recommended to use a specific photo of an individual to illustrate a general topic without making explicit reference to this in the caption.
The stations official photographers will have been subject to a DBS check as part of the volunteering policy.
Copyright – If photography is being commissioned and purchased from an external photographer, the station must be clear that it expects to purchase not just specific prints or uses of the photograph, but rights to use the photograph where and when it pleases.
To avoid any doubt the photographer will agree to these terms:
I hereby agree that Roch Valley Radio may use photographs commissioned and paid for by them for any usage that they wish and for whatever time they wish.
All photography fees negotiated reflect that usage. As photographer, I do retain copyright to photographs created and transfer unlimited reproduction rights to Roch Valley Radio and any partner organisation.
Use of images submitted by a third party – members of the public or partner organisations may take photographs and later submit them to the station to be used for publicity purposes. This Policy and Guidance will apply to the storage, use and disposal of those photographs in the same way as it applies to photographs taken by or on behalf of the station itself.
However, if a member of the public adds any images to the Roch Valley Radio Facebook page the station is not able to take any responsibility for this, but if there are any inappropriate images then the station will remove them from the page. To upload a photo to the Roch Valley Radio Facebook page the owner of the photo must upload the image to their own profile first and ‘tag’ in the station’s page, therefore if the station does deem it to be inappropriate and remove it from its page, the original image cannot be completely deleted from Facebook as it will remain on the owners own profile.
1b. Event photography for Roch Valley Radio publicity purposes
In most cases it is practical to gain the permission of individuals being photographed, it is not always possible to do so for large groups at public events such as roadshows or events that the station holds.
Access to these public events in publicly accessible areas is not restricted. The station therefore considers that any person who is present at these events is considered to have given implied consent to appear in the background of any photograph or film.
The station will however make every effort to ensure the public is aware a photographer is taking photos for publicity purposes. It will do the following:
- Speak to the individual when taking group photos to try and gain some interaction and smiles for the camera so the user acknowledges the photo is being taken
- Provide the user or group with a selfie board so that the users are branded with the stations logo
- Advise members of the public that photos will be available via the stations website or social media websites
This will enable any person who does not wish to be photographed or filmed, the opportunity of taking steps to avoid being photographed or filmed.
Photos from events, such as roadshows may be used on the stations’s website and in promotional material to promote the success of the event. When using such images names will not be used in the captions. Providing the station takes practical steps to make the public aware a photographer is present, individuals are deemed to have given their consent by remaining at the event or location in which photographs are being taken.
Members of the public who have concerns about any photography taking place at an event, should contact the stations representative at the event. If appropriate, the person about whom there are concerns should be asked to leave and the event and or remove themselves from the area where photos are being taken. At this point the event organiser will be notified.
Use of images submitted by a third party – members of the public or partner organisations may take photographs at events and later submit them to the station to be used for publicity purposes. If the station has made every effort to ensure the public is aware a photographer is on site taking photos at the event for publicity purposes as outlined above, these images may be used by the station.
Section 2: Photographs taken by members of the public
2a. Photography at events held by Roch Valley Radio
The Data Protection Act does not prevent individuals from taking photographs for their families, friends and colleagues. In fact, photographs taken purely for personal use are exempt from the provisions of the Act.
The station does not wish to prevent individuals from taking photographs or filming for their own use at events as taking photos is encouraged.
In view of the fact that the Data Protection Act does not apply, the station does not require the photographer to obtain the consent of the individuals being photographed or filmed.
2b. Photography for coaching, publicity or commercial purposes at Roch Valley Radio
The Data Protection Act may apply to photographs or films taken by third parties for coaching, commercial or publicity purposes. Compliance with the Act is the responsibility of the person taking and storing those photographs and films.
However, individuals using the station’s facilities may not wish their images to be taken and used by a third party in this way. In addition, the station has a responsibility to take precautions to protect children using its facilities.
The station therefore requires permission to be obtained before photography/filming can take place. Should permission be granted the station would make it clear that it is the responsibility of the photographer to obtain permission from individuals being photographed or filmed. The station does however require the photographer to provide an indemnity to protect it against any legal action.