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When do you need to obtain consent?

As a main rule, you need to obtain consent from everyone you photograph.

Close-ups

Close-ups of people demands consent.

Whether an image is a close-up or an event image is usually a question of definition. Therefore, you should always obtain consent if you are uncertain.

Example of a close-up image

The close-up image below with four people in focus whom are easily recognizable is an example of when you must obtain consent.

Four people smiling behind a sewing machine
Photo: Jarli&Jordan/UiO

Events

As a main rule, consent must be obtained from everyone being photographed. However, there are three exceptions (§ 45 letter c in ?ndsverkloven), which is:

  • if the image is of relevant and public interest
  • if the person or people in the image are less important than the main content of the image
  • if the image shows assemblies or events of public interest

A lot of the events by UiO counts as public events and can therefore be of public interest. Images taken at these events will be covered by the exceptions. Note that the image must be taken at a distance where no individuals are in focus.

Example of event images

The event image below is from University Garden regarding the welcoming ceremony for new students. The image has no individuals in focus so here you do not need to obtain consents.

Students assembled outside on the University's property in city centre.
Photo: Terje Heiestad/UiO

The image below shows a person speaking at University Square at an event for new students. The person is part for the programme and therefore you do not need to obtain consent from them.

A woman speaking in front of students outside the University Aula
Photo: Francesco Saggio/UiO

Inform about photographing at registration

When participants register or you inform about the event, we recommend informing that there will be photographers present, and that the images may be used in UiO's official channels in the future.

We recommend having an area where those who want to reserve themselves from being photographed can stay during the event. If you have such an area, you should inform about this at registration or arrival.

Images of employees for personal presentations

Images of employees for personal presentations are close-ups/portraits, and you must therefore obtain consent. Since UiO as employer has legitimate interest in having images of  employees, it is not necessary to obtain consent. This is because the images makes it possible to identify colleagues and to get in contact with each other.

However, we recommend obtaining consent when photographing employees, since we want to have the opportunity to use the images on UiO's websites and possibly in other channels.

Image is optional

It is recommended having a personal image on personal presentations, but in regards to the right to privacy, it is optional.

Read more about photographing for employees

Employees in a work situation

Consent must be obtained if employees are photographed in a work situation, and the image is intended to be used in UiO's external or internal channels. The images must not be taken out of their original context or be used for descriptions of other situations.

Illustration photos

Illustration photos are taken using ?models? illustrating real situations, such as studying, classroom activities etc. Consent must be obtained when using models, and it is recommended thinking thoroughly about where the images may be used in the future so you obtain consent that covers all the intended usage (marketing, social media, UiO's digital and analogue channels etc).

At an event you can for example make an agreement with individual participants that they will figure as models to get good close-up images at the event.

Legitimate interest

In some situations the principle of legitimate interest applies. If the purpose of publishing an image is necessary to maintain an legitimate interest for UiO, and this interest weighs heavier than the consideration of individuals right to privacy, an image where individuals are easily recognizable can be used without consent (GDPR §6).

Consent forms

We recommend using the consent forms in UiO's Image archive. There you can easily connect consent forms to the images you upload. The consent forms in UiO's Image archive are legally approved and user friendly when you are out photographing. You need to have the role of editor in UiO's Image archive to get access to the consent forms.

If none of the consent forms covers your needs, you can contact bildearkivet@admin.uio.no to receive a tailored consent form.

Deleting images

Everyone has the right to ask for images of themselves to be deleted subsequently. This can be done by contacting bildearkivet@admin.uio.no.

Published Dec. 19, 2023 3:40 PM - Last modified Dec. 19, 2023 4:13 PM