Public and Private Events
5. The use or disclosure of photographs taken or videotapes or audiotapes recorded at
public events or activities related to the university is not considered to be an
unreasonable invasion of the personal privacy of the individuals photographed or
recorded if the images simply indicate “attendance at” or “participation in” the
event. Public events may include “a graduation ceremony, sporting event, cultural
program or club, or field trip” (section 17(2)(j)(iii), FOIP Act). In this case, there is
no need to obtain consent for the use or disclosure of the photographs or tapes.
Where the event is one that might not be considered public in the minds of those
attending, it may be appropriate to announce that photographs are likely to be taken
or that the event is likely to be recorded (taped).
Notwithstanding the above, if an individual attending such an event or, more
likely, speaking or participating in the ceremony or event, explicitly requests
that the information (in this case, photographs or tapes) not be disclosed, the
university must abide by that request (section 17(3)).
Procedures
1. Where photographs or videos are going to be taken at a private event, e.g. a
rehearsal, a practice, a class room situation or private ceremony, etc., an
announcement that photographs may be taken or that the event may be audio or
videotaped must be made, including the authority for the collection, the
purposes for which the personal information in the photographs or tapes is
going to be used and contact information for someone who can answer
questions about the collection (sections 33(c) and 34(2)). If any individual then
requests that their personal information not be collected in this way or used or
disclosed, that request must be honoured.
If, however, there is the potential for subsequent uses or disclosures, it is
recommended that written consent for such use(s) or disclosure(s) be obtained
when the personal information is collected. The consent must be in writing and
must specify to whom the personal information may be disclosed and how the
personal information may be used (sections 39(1)(b), 40(1)(d) of the Act and
section 6 of the FOIPP Regulation.
2. If an individual is asked to provide a photograph of him/herself, e.g. for posting
on a website, the request for the photograph should be accompanied by a
request for written consent as set out in #1 above.
3. Where the taking of the photographs or the making of a recording is required
(e.g. in a class where videotapes are used to evaluate and advise on professional
performance, or where a photograph is taken for an identification card), a
written notice meeting the requirements of section 34(2) must be given to the
individuals involved. In addition, the consequences of refusing to permit