Photography and Filming Privacy Notice
Privacy Notice for Photography & Filming (at our public events) and in public places
We organise, promote or sponsor a number of free and paid for events, for the public and/or businesses, throughout the year eg: Dartford Festival and Central Park Cinema Nights. We sponsor the Dartford Business Awards on an annual basis.
We mark national commemorative events such as Remembrance Sunday by holding local memorial services, parades etc.
We organise, promote or sponsor specific campaigns eg: the Great Dartford Litter Pick.
We promote our services through for example, the ‘We Love Dartford’ Twitter and Instagram pages.
We may take photos and film at our public and private events. Photos taken at public events may be used for service/promotional purposes unless an individual informs us not to use imagery of either themselves or someone they are responsible for.
We do not have to get the permission from people we photograph whilst they are in a public place i.e. usually a place to which the public are allowed to have access freely and without payment or permission. This includes any public highway or footpath. Using images of people in a public place is usually acceptable if undertaken with a view to being used by us for our legitimate purposes (see below).
Processing activity - we may take and/or commission photography and/or filming of our events, campaigns or service/promotional related initiatives, for live streaming online or repurposing in digital eg: on our website, on our social media feeds including YouTube channel, Facebook, Twitter, Instagram, LinkedIn or paper format, including newspapers, magazines and other printed publicity literature such as leaflets, posters or display materials.
- We will only use images/footage that are appropriate
- We will not publish images/footage which could imply criticism of or damage a person’s reputation
- We will only publish images/footage of children who are suitably dressed
If we want to use your image for larger publicity purposes, we will discuss this with you separately for example if we wish to use your image on our website and leaflets.
Copyright - Dartford Borough Council maintains copyright and any other intellectual property in photographs taken and/or in digitised recordings, belong to it..
Information requirements - the information we hold about you may include:
- your name, age, address and contact details (email, telephone number and/or postal address)
- name of the group, organisation or school that you are part of
- for a child aged 13 or under or a vulnerable adult - the name of the consenter and their relationship to the you
- your image, audio and likeness (as captured in photographs, films or on recordings)
- correspondence with you and from you
Some of the information that may be collected may be classified as special category personal data ie: if images reveal some other sensitive information over and above what can be discerned from a person’s physical appearance. For example, the colour of someone’s face should not in itself be an indication of their ethnicity as this would have to be confirmed by means other than by examining the physical appearance of that person in a photograph. However, a photograph of an individual that shows a visible physical injury alluding to that person’s health, or which shows an item of clothing or a symbol worn by that person that could be used to reveal their ethnicity or ethnic origin, political opinions or religious or philosophical beliefs, could amount to being special category data. We have a Data Protection Policy that sets out how this information will be handled.
Anonymisation - we may collect diversity information about your racial or ethnic origin; religion or similar beliefs. This personal information is converted ('anonymised') into statistical or aggregated data in such a way that ensures that you cannot be identified from it. Aggregated data cannot by definition, be linked back to you as an individual and may be used to conduct research and analysis, including the preparation of statistics for use in our reports.
Reasons for processing - we may use your image/footage to promote our event, campaign or service initiative at which they were taken and for wider related promotion. For example, footage taken at the Dartford Festival may also be used to promote our broader festival programme or a photograph taken of children for a litter- picking campaign, may also be used to promote our broader clean and green service.
Lawful bases1 - our lawful bases for processing your personal information are:
consent of a parent or guardian for children and young people under the age of 13, adults lacking capacity or where attendees and participants will be named or quoted in a publication
for the purposes of our legitimate interest (we can use ‘legitimate interests’ if we can demonstrate that the processing is for purposes other than for performing our tasks as a public authority). In this context, we aim to provide a rich and varied quality of life for the benefit of our communities, by increasing the opportunities for participation by the public, in cultural and leisure activities in the Borough of Dartford, and participation in campaigns and service initiatives
We balance our interests against yours. Attendees or participants have the right not to appear in an identifiable way in photography and/or filming. Where the image is of a crowd and does not focus on one individual or a group of individuals, it is unlikely to be personal information, as the individuals will not be identifiable - data protection legislation will not therefore apply. When taking photographs and/or filming at events etc., we display notices to inform attendees or participants of this and how they can notify us if they do not wish to be photographed and/or filmed (see the opt-out examples below). This process is applied at events etc., where it would be impractical and disproportionate to obtain signed consent forms for all individuals.
Examples of how to opt-out include:
- reading signage to place yourself in a photography/filming free zone;
- choosing to stand out of shot;
- choosing not to attend the event;
- asking the photographer not to include you;
- where relevant, wearing the offered indicator that you do not want to appear in photos and/or be filmed;
- speaking to the organiser about your wish not to be photographed and/or filmed
We have a Legitimate Interests Policy that sets out how this information will be handled.
Data sharing - where your personal information is shared through digital feeds such as on our website and/or through social media, the content can be shared by anyone after it is published. The contents can be viewed throughout the world and not just in the United Kingdom.
We may share images with:
- our service departments (for specific service initiatives);
- our partners (when involved in the event, campaign or service initiative);
- specific organisations (when involved in the event, campaign or service initiative);
- press agencies;
- schools (when involved in the event, campaign or service initiative);
- Kent County Council (to comply with our safeguarding duties);
- NHS (in case you fall ill at one of our events etc)
Key partners, promoters and/or sponsors will be identified on/in our promotional material.
At no time will your information be passed to organisations external to us and our partners for marketing or sales purposes or for any commercial use.
To aid with the detection and prevention of criminal acts, we may share information with the Police. We may also rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.
Data processor(s) - we may use data processors to help facilitate our events, campaigns and/or service initiatives. Data processors process information in line with our requirements. We may sometimes charge a fee to attend an event. If this happens, our communications about the event, will provide details of the data processor we use to collect payments.
We may collect registration information via an online reporting tool hosted by Snap Surveys, who process information in line with our instructions.
Retention period - we keep your personal information for the minimum period necessary. Where consent applies, the information outlined in this Privacy Notice will be kept for one year from the date of consent, or longer if agreed between the parties, or if exceptional circumstances require longer retention eg: a pending court action. All information will be held securely and disposed of confidentially.
Right to object - Where we rely on your consent, you can ask us to stop using your image(s) and/or voice recording at any time, in which case these will not be used in future publications, but may continue to appear in publications already in circulation, including digital feeds.
You can also object to our processing where we are relying on the ‘legitimate interests’ lawful basis. The burden is on us to prove that we have compelling grounds to continue processing the information.
Changes to this Privacy Notice - we review this Privacy Notice regularly and will place updates on our website.
Please refer to our Corporate Privacy Notice for further details of how we process your personal information and your rights.
1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information Data processor(s)
GDPR/Privacy Notices/Photography and Filming Privacy Notice