Can you take pictures and videos of people in public?

In today’s digital era, visual content is at the heart of successful marketing campaigns. From influencers filming videos to brands capturing images in public spaces, it’s common for members of the public to appear in the background—sometimes without their consent.

But is this legal? Do you need permission before using identifiable images of individuals in commercial content? Let’s break it down.

Is A Photograph Considered Personal Data?

Yes, photographs that can identify an individual is considered personal data under data privacy laws.

Is Taking Photographs of People In Public Allowed?

Yes, taking photographs of people in public is generally allowed provided such photographs are being used for personal or household purposes only. 

Reasonable Expectation Of Privacy

In public places, people have no reasonable expectation of privacy so they can generally be recorded or photographed without consent.

However, people expect privacy in places like bathrooms, dressing rooms, medical facilities even if those areas can be seen from a public space. Taking photos or videos in such situations could lead to legal consequences.

Videography Or Photography For Commercial Use

So, when photographing people in public NOT allowed? This answer depends on the purpose for this which the photographs will be used. The intended use of the photographs and the applicable data protection laws will determine whether such usage is permitted or not. 

If you intend to use a photograph that includes recognizable individuals for commercial  purposes then additional legal and ethical obligations apply.

Under the EU GDPR, for example, if you post a photograph, containing personal data, publicly on a social media account for business purposes, you become a data controller. This means you must comply with data protection laws before processing such personal data. Compliance includes having a lawful basis for processing, such as:

• Consent from the individual(s) in the image.

• Performance of a contract with the person whose personal data is processed.

• Legitimate interest, provided it does not override the rights of the individual.

You must also ensure compliance with other legal obligations, such as data security and data subject rights.

Failure to comply with data privacy laws when using identifiable images for commercial purposes can lead to legal action, fines, and reputational damage.

Consent and Commercial Use

Do You Need Consent to Publish a Video or Photo That Identifies an Individual? Yes. While capturing images in public is usually legal, using those images for commercial purposes (such as advertisements) often requires consent.

Laws such as the right of publicity protect individuals from having their likeness used for profit without permission. This is especially relevant for celebrities and public figures.

How Do You Obtain Consent Before Publishing a Photo on Social Media?

A release form is a legal document that grants permission to use someone's image, voice, or personal data for commercial purposes. It protects both the publisher and the individual by ensuring that all parties agree to the intended use of their likeness.

What Happens If You Don’t Obtain a Release Form?

Failing to secure a release form before using identifiable images for commercial purposes can lead to legal consequences.

Without proper consent from the individuals involved, you may be infringing on their privacy rights and potentially violating laws related to data protection.  This can result in legal disputes, financial penalties, and damage to your business reputation. By not obtaining release forms, you leave your business vulnerable to potential lawsuits and negative consequences. It is crucial to prioritise the protection of both your business and the individuals involved by obtaining proper release forms.

How do I write a proper release form? 

A well-drafted release form should include:

• Full name and contact details of the individual giving consent

• Clear description of the image, video, or likeness being used

• Purpose of use (e.g., advertising, social media, website content)

• Duration of consent (whether it is limited or indefinite)

• Compensation details, if applicable

• A statement confirming voluntary consent

• Signatures of both the individual and the publisher

Important Tips on writing a release form:

• The document should be easily comprehensible to non-legal professionals, with all technical terms and acronyms clearly defined to ensure understanding by all parties involved.

Download Release Form Templates 

Click the link below to access our ready-to-use Media Release Form template.

Download Your Social Media Release Form Template Now