Regulations for persons depicted
Question
Our association now has a Facebook account. To make the page attractive, we want to make photos of our activities available within the network. In some cases, easily recognisable individuals are shown. Does their permission need to be requested? After all, the images on our Facebook page can only be viewed by "friends".
Answer
Photos are classified as sensitive personal data and, generally speaking, may only be used with the consent of the individuals shown in them. Even if you are able to restrict access on Facebook, it is nevertheless an open medium whose appeal lies in precisely the fact that more and more people gain more and more insights. Furthermore, the association is interested in having as many "friends" as possible.
I therefore advise against publishing any photos without first obtaining the consent of the affected individuals. Sending an enquiry in this regard to association members also provides the opportunity to get in contact with them.
As a rule, images should be used in which people are only recognisable to a limited extent or as part of a crowd. Furthermore, photos should not be noted with the names of the people who appear in them and no images should be used that encroach on the privacy of the people shown in them or that allow for conclusions to be drawn about their religious or political views, show the consumption of drugs or criminal activities, document the receipt of social welfare, etc.
It goes without saying that images should be deleted upon the request of the people they show.
