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Consent in connection with photos - video - audio

Procedures for obtaining consent for photography, video and audio recordings of individuals.

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

Norsk - Samtykke ved foto - video - lyd

Summary #

 Consent form to be completed by the person who is photographed, filmed or audio recorded.

See also the exceptions for the situations that differ from the main rule for consent. 

The QR code for the consent form

Procedure #

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. The person also takes a selfie, which is included in the form to make it possible to link the right picture with the right form later.

QR code #

To scan the QR code, an app is often needed (for example, QR Code Reader). Many students have this app. You can also use the URL.

Provide clear information #

  • Make it clear that you are photographing/filming/recording audio for NTNU. Use articles or clothes marked with the NTNU logo or other items that are easy to recognize. 
  • At events, inform participants that photos will be taken. You can communicate this by displaying notices, an information screen, in invitations to the event or through other suitable channels.
  • At events, photo-free zones should also be established, with information about these.
  • In connection with streaming, there must also be clear information that the event/meeting/lecture will be streamed. A zone should also be established for those who do not want to be filmed.  

Written consent #

The general  rule is that consent must be obtained from anyone who is photographed and filmed. The consent must be documented. There are some exemptions from the regulations for written consent. Section 45 (c) of the Copyright Act provides the legal authority for the exemptions. 

Exeptions where consent is not required #

  • The picture is of current or of general interest
  • The picture of the person is less important than the main content of the picutre
  • The subject of the picture is a group assambled for a meeting, an outdoor procession or situations or events of general interest. 

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

NTNU's interpretation of the exemption rules, with examples #

Many of NTNU's events belong to the category of public events of general interest, and they will therefore be covered by the exemption rules. Example: Photos from the annual enrolment ceremony

However, close-ups of people in such situations require consent. 

Photo example

The borderline between a situation photo and a portrait 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 ect), can be photographed without written consent. 

Photo example

Practices for different image categories and photo situations #

Employees in a lab/field/work setting #

Practice: Written consent. For example, include a separate field in the employment and fieldwork contracts for giving consent. 

Illustration photos #

Practice: Written consent.

  1. Illustration photos are taken using "models" that illustrate a real situation (study situations, learning environments, etc).
  2. For example, at events you can arrange with individual participants to be photographed as models to enable good situation close-ups without the need to ask many different people in the group.

Events #

(Girls' Day, Researchers' Night etc.)

Practice:

  • When sending invitations, include consent fields in the registration form (see example below)
  • The photographer must get the necessary info from the organizer about who should not be included in photos.
  • The photographer organizes the photo shoot/filming on this basis. Experience shows that a good dialogue with those involved is important. 
  • All info about the event should include a statement that: "NTNU will take photographs/record video or audio during the event for possible use in NTNU's official channels."

Example of embedded consent fields for registration #

For example, when participants register for an event, you can include the following text and checkboxes (in addition to other registration details you need).

Information about the use of photos/video

  • During this event, NTNU will take photos/video. This is mainly for use in the following channels/contexts.........(this will vary from event to event).
  • We only choose photos that we think are of good quality for the main people in the picture.
  • The photographer must get information about anybody who does not want to be included in photos so that she/he can organize the work in a suitable way.
  • Everyone has the right to ask to have photographs deleted later by contacting kontakt@komm.ntnu.no

Consent form where one must choose one of two boxes

  1. Yes, I agree to be included in photos/video.
  2. No, I do not want to be included in photos/video.

Consent form #

NTNU's consent form is digitized and is available via a QR code or the following url:

s.ntnu.no/mediesamtykke

Procedure #

The person providing consent opens the link or scans the QR code with their mobile phone. Then they complete the consent form. The person also takes a selfie, which is included in the form to make it possible to link the right picture with the right form later. 

QR code #

To scan QR code, an app is often needed (for example, QR Code Reader). Many students have this app. You can also use the URL. 

Documentation of consent #

NTNU is establishing a new solution for storing and providing access to images. In this solution, a digital signed consent form will be linked with the relevant pictures. Until this is in place, those who handle photos/videos/audio recordings are responsible for storing relevant material together with signed consent.

Risk assessments #

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

For photos from events that are exempt from the regulations for written consent, NTNU meets this challange by providing clear information that photos will be taken, by creating photo-free zones at events, and by ensuring that photographers are always aware of this. 

Deleting images #

Everyone has the right to ask to have photographs deleted later by contacting kontakt@komm.ntnu.no

Contact #

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