What is this photo consent form template?
This photo consent form template is a legal document that is used to obtain and record consent from an individual to their photo being used. It also contains optional clauses relating to the ownership of copyright in the photo, so that it is clear that the business commissioning the photos will own the rights to them.
How can my business benefit from using this photo consent form template?
Ensure data protection law compliance: Photos of individuals contain their personal data. Where personal data is collected or used by a business, that business must have a lawful basis to use the personal data. One of the lawful bases that can be used by businesses to process personal data is consent. Without a lawful basis for processing, your business will be in breach of data protection laws.
Get your consent request right: UK data protection laws contain strict requirements on what constitutes valid consent. Failure to obtain valid consent could lead to a breach of data protection laws if another lawful basis for processing is not in place. For consent to be valid, it must be specific, granular and unambiguous. To meet these requirements, a consent request should:
- be separate from your general terms and conditions;
- use clear, straightforward language;
- adopt a simple style that your intended audience will find easy to understand;
- avoid technical or legal jargon and confusing terminology; and
- be concise and specific, and avoid vague or blanket wording.
Ensure consistency across your business: Using Docue’s photo consent form template will ensure that consent is obtained in a consistent way across your business. Having a photo consent form can be a great way to ensure that there is a clear process in place when obtaining consent, that meets the requirements of data protection laws.
Keep clear records of consent: The UK GDPR states that "where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data". This means that businesses must have an effective audit trail of how and when consent was given, so there is clear evidence of valid consent if ever challenged. A photo consent form is an easy way to keep such an audit trail. This evidence should be kept for as long as the business is still processing in reliance on the consent, so that it can demonstrate compliance with UK data protection laws.
What does Docue's photo consent form template include?
- Consent - wording is included that obtains individuals' consent to use their image in photographs / videos. For consent to be valid under the UK GDPR, you must give individuals separate distinct (‘granular’) options to consent separately to different purposes and types of processing. This means that you cannot get one generic consent from individuals that applies to all purposes of processing - the specific purpose of the processing must be made clear so that the individual knows what the specific purpose they are consenting to is. The photo consent form template contains wording to include the purpose(s) the photographs/videos will be used for;
- Privacy notice - the photo consent form template includes the option to attach your privacy notice or include a link to an online privacy notice, so that the individual is given details about how their personal data is being used (which is required by data protection laws);
- Copyright ownership - there is the option to include wording which makes it clear that the copyright in the photographs / videos that contain the individual's image will be owned by the business commissioning the photographs / videos and not the individual in them;
- Withdrawal of consent - where consent is being used as the lawful basis for processing personal data, it is a requirement of data protection laws that you give individuals the option to withdraw their consent and tell them how they can do this. The photo consent form template includes this wording.
How can using Docue help my business?
Drafted by privacy lawyers: Docue's photo consent form template has been prepared by privacy lawyers, in consideration of UK data protection law requirements. It will be constantly monitored and kept up to date if there are any changes in the law.
Dynamic and easy to use: The photo consent form template can be prepared in just a matter of minutes, so that your business can prepare a photo consent form in the most efficient way.
Tags: photo consent form template, photo release form, image consent form, uk gdpr consent, consent as a lawful basis, consent form