Procedures for getting consent from people who will be photographed, filmed or audio recorded.

This procedure does NOT apply to teaching at NTNU, where separate procedures apply.

Norsk - Samtykke ved foto - video - lyd

Summary

The consent form

must be completed by the person who is photographed, filmed or audio recorded.

Also see the exceptions below for situations that differ from the main rule for consent.

QR code or URL

• Short link to the consent form: s.ntnu.no/mediesamtykke
• QR code for consent form

• To scan the QR code, an app is often needed (for example, QR Code Reader). many people already have this built into their camera.
• You can print out the QR code in advance and bring it to the event. The print can be laminated for durability.
• You can also scan the QR code directly from this page (it is a good idea to bookmark the page in advance).
• The QR code can be printed on posters, etc., that can be hung up at the event.

Instead of the QR code, you can use the URL: s.ntnu.no/mediesamtykke

Procedure for giving consent

The person who is to provide consent opens the link or scans the QR code with their mobile phone. Then they complete the consent form. They also take a selfie, which is included in the form. In this way, NTNU can find the correct image/recording and link it with the right consent form afterwards.

Written consent is the main rule

The general rule is that consent must be obtained from anyone who is photographed or audio recorded. The consent must be documented.

There are some exceptions to written consent. Section 104 of the Copyright Act (åndsverkloven) – the right to one’s own image provides legal authority for the exceptions.

Exceptions where consent is not required

• the image/recording is of current or general interest
• the image/recording of the person is less important thant the main content of the image/recording
• the subject of the image/recording is a group assembled for a meeting, an outdoor procession or situations or events of general interes

Situation photos can be published without consent as long as the pictures are harmless and not offensive in any way to those who are depicted/recorded.

NTNU’s practice of the rules on exceptions and examples of images

Many of NTNU’s events belong to the category of public events of general interest, and they will therefore be covered by the rules for exceptions.

• Photo example 1
• Photo example 2

NB: Close-ups of people in such situations require consent.

Photo example

The borderline between a situation photo and a close-up will often be a question of definition. Therefore, always obtain consent if you are in doubt.

People who are part of the event (entertainment, speakers, master of ceremonies, etc), can be photographed without written consent.

Photo example

Illustrations photos

Practice: Written consent.

• Illustration images are photos taken using models that illustrate a real situation (study situation, learning environments, etc.).
• At events, you can arrange with individual participants, who give written consent, to feature as models. In this way, you can get good close-up photos or video recordings in the event setting without having to ask for consent from many different people in the crowd.

Events: Provide clear information

Examples: NTNU Kveld, Girl’s Day (Jentedagen), Researcher’s Night

• When sending out invitations and information about this type of event, include info about the following points (if photography, video/audio recording, or streaming is planned):
• During this event, NTNU will take photos and/or make video/audio recordings and/or stream the event.
• During the event, photo-free/video-free zones will be created for anyone who does not want to be photographed/recorded.

Best practice during the event itself

• During the event itself, participants must be informed that photos/video/audio recordings will be taken.
• This information can be communicated orally through the master of ceremonies, posters/info screens, or other suitable channels.
• Make it clear that you are taking photos/filming/recording audio for NTNU. Use articles or clothes marked with the NTNU logo or other signals that are easy to recognize.

Public events

Many of NTNU’s events will be regarded as public events of general interest, and they will therefore be covered by the rules for exceptions. However, close-ups of people in such situations require consent.

Consent at events

NB: If written consent is obtained from all participants in an event, for example when they register, the common consent form MUST be used. No separate versions of this must be made.

Documentation of consent

Only one consent form is to be used.

The consent form in MachForm is currently used and stored.

It is important that everyone who uses a consent form uses the same form, i.e. the form that the QR code or the short link s.ntnu.no/mediesamtykkeleads to.

All forms are thus stored in the same place in the institution’s archives, which makes it possible to find the consent documents later. This is essential if any individuals want to withdraw their consent afterwards. Using one form and one storage location complies with the GDPR regulations.

Withdrawing consent and deleting images

Everyone has the right to withdraw their consent and have photos deleted later by contacting kontakt@komm.ntnu.no.

Risk assessment and shielding from photography

For various reasons, some people need or want to protect themselves from being photographed during events that are covered by the rules on exceptions.

For photos from events that are exempt from the rules for written consent, NTNU meets this challenge by providing clear information that photos will be taken, and by creating photo-free zones at events.

Contact

• For questions related to GDPR and consent, please contact legal adviser Synøve Halstadtrø Mørseth or NTNU’s Data Protection Officer
• For questions and help with consent and reading access in MachForm, contact Harald Bruland.
• For other questions - contact the Communication Division at kontakt@komm.ntnu.no