On what legal basis should the processing of images at training sessions/conferences be based where, for example, they are recorded, photographs are taken during them, and these are then posted on social media? Can consent, for example, be provided by a provision in the regulations or
ANSWER
Yes, consent to the dissemination of an image (Article 81 of the Copyright and Related Rights Act) may be included in the content of the event regulations. The regulations may then state that participation in the event entails consent to the dissemination of an image that may be recorded by the event organisers. It is also necessary to ensure that the remaining elements are included: permission under copyright law, in particular the fields of exploitation, information on whether the image will be combined with marketing content or with images of other persons, the territorial scope of consent, etc.
The legal basis for processing data in the form of an image under the GDPR may be the legitimate interests of the controller (Article 6(1)(f) GDPR), which consist in disseminating the image in accordance with permission obtained under copyright law.
