Guidance on Data Protection, Consent and Copyright
Under UK data protection law, including the UK General Data Protection Regulation (UK GDPR), and copyright law, the use of photographs by U3A groups involves two separate considerations: the privacy and consent of people appearing in photographs, and the copyright ownership of the images themselves.
The following guidance summarises good practice for Birkdale & Ainsdale U3A. It is intended to help members, group leaders and website editors use photographs responsibly and respect the rights of others.
1. Privacy and Data Protection: Photographs of Members
Photographs in which an individual can be identified may constitute personal data under UK GDPR. U3A groups should therefore take care to ensure that photographs are taken and used appropriately.
Taking photographs at meetings and events
Where photographs are taken for U3A publicity, such as the website, newsletters or social media, members should be informed of the purpose of the photography and where the images may appear.
For group photographs, members who do not wish to be included should be given a clear and opportunity to step out of the shot.
A photographer might say:
“I’m taking a photograph for the U3A website and newsletter. If you would prefer not to appear in the photograph, please let me know or step out of the shot.”
However, remaining in a photograph after an announcement should not automatically be treated as valid consent in every circumstance. The U3A should ensure that it has an appropriate lawful basis for taking and using the images and that members understand their options.
The right to object or withdraw consent
Members should be able to raise concerns about photographs in which they appear. Where consent is the lawful basis for using an image, it must be possible to withdraw that consent.
If a member asks for their photograph to be removed, the request should be referred to the U3A Secretary and dealt with promptly and appropriately.
Group photographs and close-up images
The level of care required may depend on the circumstances. General photographs of larger gatherings may present different considerations from close-up portraits, small-group activities or screenshots of online meetings.
Where individuals are clearly identifiable, the U3A should make the purpose of the photograph clear and obtain consent where appropriate. Particular care should be taken when photographing anyone who may be uncomfortable with their image being published.
2. Copyright: Using Photographs Taken by Members or Others
Copyright is separate from data protection. In the UK, a photograph will generally be protected by copyright from the moment it is created. The photographer will usually own the copyright, although there are exceptions, including certain employment arrangements.
Photographs submitted by members
When a member sends a photograph to a U3A newsletter editor, website editor or group leader for publication, this may indicate permission to use the image for the purpose agreed.
However, submitting a photograph does not automatically grant unrestricted permission for every possible use. The intended purpose should be clear, and permission should be obtained where necessary before using the photograph in other contexts, such as promotional material, social media or external publications.
Where possible, the photographer should be credited.
Photographs found on the internet
Photographs found through Google searches, social media or other websites must not be assumed to be free to use.
Before publishing an image, the U3A should establish that it has permission to use it, that an appropriate licence applies, or that a relevant copyright exception permits the intended use. Images described as being in the public domain or available under a Creative Commons licence should still be checked to establish the applicable terms.
Photographs used for educational purposes
Copyright law provides certain exceptions for educational use, including limited fair dealing in specific circumstances. However, being an educational organisation does not automatically permit a U3A group to reproduce copyrighted photographs.
The rules depend on the purpose and circumstances of the use. Permission or an appropriate licence should be obtained before images are reproduced on a public website or in publicity material unless a valid exception applies.
3. Quick Reference: Good Practice for U3A Groups
| Situation | Recommended approach |
|---|---|
| Taking group photographs at meetings | Explain the purpose in advance and provide a way for members to opt out. |
| Publishing photographs of identifiable members | Ensure there is an appropriate lawful basis for the use and that members have been properly informed. |
| Receiving photographs from members | Clarify the intended use and confirm permission where necessary. |
| Using photographs from the internet | Check copyright ownership and licensing conditions before publication. |
| Reusing photographs for a different purpose | Check that the new use is covered by the original permission or obtain further permission where necessary. |
| Responding to a request to remove a photograph | Refer the request to the U3A Secretary and address it promptly. |
4. Birkdale & Ainsdale U3A Data Protection Policy
The following extract is taken from the Birkdale & Ainsdale U3A Data Protection Policy.
Section 2.8 – Photographs
“Photographs are classified as personal data. Where group photographs are being taken, members will be asked to step out of shot if they do not wish to be in the photograph. Otherwise, consent will be obtained from members in order for photographs to be taken, and members will be informed as to where photographs will be displayed.
Should a member wish at any time to withdraw their consent and have their photograph removed, they should contact the U3A Secretary to advise that they no longer wish their photograph to be displayed.”
5. Our Commitment
Birkdale & Ainsdale U3A aims to respect members’ privacy, protect photographers’ copyright and use photographs responsibly in its communications and publicity.
Members who have questions or concerns about photographs displayed on the U3A website should contact the U3A Secretary.
This guidance is intended as a summary of good practice and does not replace the full Data Protection Policy or constitute legal advice.