No answers here, but a tweet from the Financial Times includes a facial-recognition image and a line about the need to regulate the use of artificial intelligence. Newsrooms are already (in 2020) making advances in the use of AI in news coverage: for instance, to identify guests arriving at Prince Harry’s wedding. As far as privacy goes, the GDPR, the Data Protection Act and the Human Rights Act already make it clear what the law is. However, AI takes away some of the human decision-making, and may involve taking images from remote cameras so that it is not obvious to subjects that they have been photographed. Does this mean there needs to be special consideration of how to meet the obligations of the data protection laws – taking into account the exemptions for public-interest journalism, and the “legitimate purpose” under the GDPR of exercising the right to freedom of expression? (The link is to a paid-to-view story; anyone interested to explore further will have to investigate for themselves).
Journalists protested when some courts announced they would no longer supply the media with lists of cases that were due to be heard – including charges and details of defendants – because of the General Data Protection Regulation. The Ministry of Justice quickly corrected the “misunderstanding”. Read more.
Media law trainer David Banks wrote a provocative blog post on the affair, in which he also asked why the lists are not available to the public.
Publishing candid street photography may fall foul of the General Data Protection Regulation introduced in May 2018, a number of writers have speculated. Facial features and even the fact that someone was in a particular location are now classed as personal data. Consent may be needed for “processing data” in the form of images, and people should know their “data” is being collected: a problem for photographers whose work involves snapping unsuspecting people. The impact of the law will become clear over time. Read more
The GDPR briefing on this website includes advice that photographers should carry privacy notices saying how images will be used, and giving contact details. It suggests that “legitimate purpose” is the best legal justification to cite for their work. It also links to a blog that urges a pragmatic approach: is it realistic to get written consent to use images from everyone at a particular event? Would there be an expectation that a photographer would be at a particular kind of event – which would reduce the need to seek consent from those present?
All websites – including personal blogs and student sites must comply with the new (in 2018) General Data Protection Regulation, says a guide published by WordPress. Nearly all collect personal data – for instance, when someone subscribes. Read the guide here.