Since the introduction of the Data Protection Act in 1998, we must be very careful if we use photographs, videos and webcams of clearly identifiable people. Also, increased use of the Internet has led several people to ask us for advice on using images of children and adults both on our website and our printed publications. We offer separate guidelines for schools and for other Council staff.

The Data Protection Act 1998 also affects our use of photography. There are several issues you should be aware of.

You must get the permission of all the people who will appear in a photograph, video or webcam image before you record the footage. That means children as well as adults.

A council has already been taken to court (and paid substantial damages and costs) for failing to obtain consent and for using a photograph of a child in an inappropriate situation.

Sample consent forms for both children and adults can be found at Appendix A.

You must make it clear:

• Why you are using that person's image
• What you will be using it for, and
• Who might want to look at the pictures.

If you are taking images at an event attended by large crowds, such as a sports event, this is regarded as a public area so you do not need to get the permission of everyone in a crowd shot. People in the foreground are also considered to be in a public area, however, we suggest that photographers address those within earshot, stating where the photograph may be published and giving them the opportunity to move away. If you want to use an image of, for example, the winner of a race at a sports event - with the crowd in the background - you must get the race winner's oral permission and record the fact that you have done so. You can record their consent when you take the photograph or when you return to your office.

See Appendix A for a sample oral consent form.

If you intend to use images from an agency, it is the agency's responsibility to get permission from all those appearing in the image before it is recorded. However, it is ultimately our responsibility to ensure that permission was obtained, so you might want to get this in writing from the agency concerned.

Specific corporate guidance

This document includes specific guidance for both schools and Council staff about procedures for taking photographs or recording video footage of people. Appendix A contains a set of sample consent forms that you could use for your project.