Data protection and online publication of pictures, videos and audio recordings
The laws and regulations do not contain specific provisions on the publication of photographs and videos or on the recording of audio on the internet. However, general rules apply.
This means that if it is possible to identify a person in a photo or video, as well as to hear which person is on an audio recording, it is necessary to comply with the Data Protection Act.
First and foremost, there must always be a legal authority for the processing, e.g. consent. If the video shows sensitive information, such as about a person's health, certain additional conditions must be met.
In addition, compliance with the principles of the Data Protection Act must always be observed, for example that the processing of personal data is fair, objective and safe.
Subjects and circumstances
In general, you can divide the display of subjects into two categories:
Publication of people and everyday images of general interest, for example of public celebrations or of a group of spectators at a sports game.
Pictures where the individual is the main subject.
In the first case it is considered that the consent of the individuals concerned is not necessarily required for the video release, but that is normally a condition in the second case, when they are the main content of the film.
The scope for the publication of image material is then greatly limited in the case of publications that show circumstances that can be considered sensitive or if the publication can be considered offensive.
This is whether the above mentioned pictures have a general appeal or pictures of specific individuals.
Publishing pictures of children online
Personal data of children is particularly protected because they are generally less aware of the risks and consequences associated with the processing of such data as well as their own rights.
It is recommended to ask for consent from the children before they are discussed on social media or published pictures of them, taking into account their age and development.
It should be noted that children may have an opinion on discussion or pictures of them, even though they are young, and their opinions should be taken into account.
Parents, guardians and other caregivers responsible for their children’s well-being should be aware of the rights of children to data protection.
Children should never be degraded or be shown in an inappropriate way, such as naked, undressed or in difficult situations.
It is important to remember that everything that is published online can be found later and can affect the child’s life in various unforeseen ways. It is therefore right to put yourself in the shoes of the child and think about what impact the discussion or images can have on the child later.
What should be considered before posting pictures or other information about a child on social media?
Before posting photographs or other information about a child on social media, it is good to keep the following in mind:
The consent of the child must always be obtained for the publication of a photograph or other information about the child on social media.
Before the material is posted online, one should stop to think whether it is relevant to others.
Pictures of naked or undressed children do not belong online, whether they are taken at home in a bathtub or on a sunny beach.
Do not publish a photograph of a child who is unwell, shows difficult behaviour, is sick or otherwise in a vulnerable situation.
Information and photographs of children in discussion groups should be avoided on social media. It is better to ask for a chat with parties in the same situation directly, for example by phone or in private messages, rather than in an open chat.
Children should not be assumed to be in favour of events in their lives being discussed on social media. Ask the child whether they can be told about, for example, victories at sports tournaments or good academic results, beforehand.
It should be ensured that the privacy settings on a social media are such that photographs and other information about children are not accessible to everyone.
Before publishing photographs, it should be checked whether it is necessary to remove GPS coordinates so that it is not possible to see where the picture was taken.
In any case, it is important to think about what is best for the child, to look for its views before publishing information about anything about it on social media, and to think about what impact it could have on the child in the short or long term.
Having a picture removed that has been on the Internet
If photos have been posted without the subject's consent, it is best for the person concerned to first contact the person who posted them and request that they be removed.
If a complaint is made about the publication of photos by a person who knows the complainant, it is likely that the Data Protection Authority will not deal with the complaint. However, if the photos are published by someone who does not know the complainant and they do not have any text, the Data Protection Authority may consider the complaint.
Information security on the internet
It should be remembered that the security of online images, including those on social media, will never be fully guaranteed.
There is always the possibility of distribution of photos or coverage, even from closed sites.
It should also be noted that the number of members on closed pages, such as groups, can be hundreds and even thousands, and thus information, even sensitive health information, is being shared with an unpredictable number of individuals. In addition, the content is always being shared with the medium on which the information is published.
It should also be noted that social media and apps are increasingly sharing personal information between themselves. Those who use social media and apps are therefore rarely fully controlling the content that is posted there.
Particular caution should be taken when participating in questionnaires, personality tests and games on social media that ask for access to your personal information.
It is important to be careful when sharing information about location on the Internet. Information about location and GPS coordinates, for example, often accompany photographs. It is therefore necessary to be careful whether and how location information is shared online.
