Hieronder het antwoord dat ik kreeg van onze Juridische Dienst betreffende m'n vraag over het met of zonder toestemming kunnen publiceren van fotos van personen op het internet.
Dit geld wel voor alle 27 lidstaten.
Karel
Dear Mr Havik,
Concerning your question on the need of permission to take a picture of somebody in order to put it on a public website, I would like to inform you that taking a picture of a well visible and identified person (not in the course of a purely personal or household activity) is a processing of personal data and as such is subject to the provisions of the data protection directive 95/46/EC.
According to art.7 of the Directive, personal data may be processed only if the data subject has unambiguously given his consent or if one or more of the exceptions of the consent principle are applicable (performance of a contract, compliance with legal obligation, protection of vital interests of the data subject, public interest, legitimate interest of the data controller etc.).
The above principles are indeed mandatory for all MS.
So, the answer to your question is that the permission of the person is needed.
Best regards
Philippos MITLETTON
European Commission
Directorate General Justice, Freedom & Security
Directorate C: Civil justice, rights & citizenship
Unit C5: Data protection
Dit geld wel voor alle 27 lidstaten.
Karel
Dear Mr Havik,
Concerning your question on the need of permission to take a picture of somebody in order to put it on a public website, I would like to inform you that taking a picture of a well visible and identified person (not in the course of a purely personal or household activity) is a processing of personal data and as such is subject to the provisions of the data protection directive 95/46/EC.
According to art.7 of the Directive, personal data may be processed only if the data subject has unambiguously given his consent or if one or more of the exceptions of the consent principle are applicable (performance of a contract, compliance with legal obligation, protection of vital interests of the data subject, public interest, legitimate interest of the data controller etc.).
The above principles are indeed mandatory for all MS.
So, the answer to your question is that the permission of the person is needed.
Best regards
Philippos MITLETTON
European Commission
Directorate General Justice, Freedom & Security
Directorate C: Civil justice, rights & citizenship
Unit C5: Data protection
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