In this article you can read how to make your video privacy-proof.
Table of Contents
1. Purpose limitation and transparency
Always be transparent with those involved. Before recording, clearly state the purpose of the video and do not use it for other purposes. Also indicate how long the video will be used. Individuals who are identifiable in the video (a face is already enough to make it personal data) must give their consent in advance. Privacy should be the guiding principle.
Examples of purposes:
- A lecture is recorded so that students can rewatch it for the next 7 years for learning purposes.
- A video production is created to be used as educational material in the learning environment for the next 7 years.
- A video is submitted by students as completed work and stored for 7 years.
2. Legal Basis
Before you start filming, you need a valid reason (legal basis) to process a video in which individuals are identifiable. With the legal basis of “legitimate interest”, you must give individuals a clear choice in advance to opt out of being filmed. Before recording, consider the rights of those involved and be transparent about them. Individuals must have the option to not appear in the recording.
Examples of legal bases:
- When recording a lecture, clearly indicate that only the first two rows will be recorded, so students can choose to sit elsewhere and not be filmed.
- Clearly indicate the recording area with signs and use barriers like tape to mark off the filming zone.
Exception: Journalistic Purposes
According to the highest European court, everyone is considered a journalist:
When publishing information, opinions, or ideas to the public, regardless of the medium of transmission. These activities are not reserved for media companies and may be profit-driven.
In this case, many GDPR (AVG) articles do not apply (as determined in the Dutch GDPR Implementation Act), and you do not need permission from identifiable individuals in the video. You still need a legal basis, but in journalistic cases, this is usually the freedom of information, which qualifies as a legitimate interest.
Exception: Portrait Rights
Portrait rights apply when people are shown recognizably on private (Saxion) property. When a video is made on assignment, permission from the person portrayed is required. This can be done with a quitclaim form. For example, a filmed lecturer signs a waiver of their portrait rights to avoid issues upon publication.
In public spaces, recordings may be made, and people may be shown recognizably without permission. Public space falls under the freedom of information gathering. However, the portrayed person can invoke their portrait rights if they have a valid reason or reasonable interest.
3. Data Minimization
Collect as little personal data as possible. Do not film individuals if they are not relevant to the video and can be avoided.
4. Data Accuracy
Ensure that the personal data recorded is accurate. For example, make sure the names of the speakers shown in the video are correctly spelled.
5. Rights of Data Subjects
Ensure that individuals in the video have the right to access, rectify, request erasure, restrict, or stop the processing of their data. Also consult Saxion’s privacy policy for this.
6. Use Minimization
Delete the video once it no longer serves its intended purpose.
7. Secure Environment
Ensure the video is shared in a secure environment. For example, use Saxion’s own video platform https://media.saxion.nl instead of YouTube.
Do you have questions following these tips? Feel free to contact the Media Xpert Centre.
For questions about information security and privacy within Saxion, it’s best to ask your question [via this page].