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Can any UK / EU  legal eagles out there give any help on this one? It's the dreaded GDPR I'm afraid.

So if you collect model releases - with people's names and addresses on - and then store those on a database (I don't mean Alamy's - I m sure they've got themselves sorted) that's accessible to a team - is that causing a problem with data protection? Database isn't public obviously - only available to the team and needs signing into to. I'm wondering if you now need to include on a model release, something along the lines of "this data will be recorded" or something? Any thoughts?

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1 hour ago, losdemas said:

IANAL, but instinct says they absolutely have to know - at the very least. A Google search for what you ask will throw up a lot of help: try this for starters: https://www.sallyslack.com/gdpr

Not directly relevant to the question, but that website perpetuates the myth that photographs of people are automatically personal data. They're not unless taken for the purposes of identifying them. So any picture we're likely to take of a person isn't personal data.

That site is also trying to sell contract templates- it isn't providing much for free.

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IA also NAL but the Alamy release contains the words "I consent to the inclusion of this Model Release form including the personal details recommended in it being added to the public database operated by Alamy Limited or its subsidiary."  Not sure what they mean by 'recommended' but I assume the sense is 'contained'.  Would the OP in this case be a subsidiary?

 

Steve

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I was advised that a model release is a contract and therefore you have a legal requirement to maintain records of it for longer that GDPR states and outside of GDPR rulings. Be interested to know other legals view points.

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1 hour ago, spacecadet said:

Not directly relevant to the question, but that website perpetuates the myth that photographs of people are automatically personal data. They're not unless taken for the purposes of identifying them. So any picture we're likely to take of a person isn't personal data.

That site is also trying to sell contract templates- it isn't providing much for free.

 

Own-up time: I just linked that website as the first result in the Google search mentioning those two terms.  Didn't actually read it. Guilty as charged M'Lud.

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1 minute ago, losdemas said:

 

Own-up time: I just linked that website as the first result in the Google search mentioning those two terms.  Didn't actually read it. Guilty as charged M'Lud.

Own-up time: I was off on one of my hobby horses. No worries.

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Posted (edited)
7 hours ago, Boggins said:

Database isn't public obviously - only available to the team

 

Why are you storing your model release details on a database that is accessible to a team? If there's not a good justification for this, doesn't it run the risk of unnecessary "sharing" of personal data?

 

Mark

 

 

Edited by M.Chapman
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Thanks all for helpful comments.

 

Mark - A fair question - it's just what my working set up is - Yes, there is a good justification for it. Too long and boring to explain. "It is what it is"!

And Yes it does run the risk of sharing data - hence why I'm asking the question.

 

For those who are interested, (non-legally endorsed) feedback seems to be:

Include info on the release form stating the form will be kept on digital database/catalogue.

Personal data (name, contact details) would need to be redacted from uploaded/shared digital copy, and only available on paper copy, which needs to be kept under locked conditions (to clarify again - I'm not referring to Alamy releases here - this is relating purely to my personal set up/working conditions).

Ensure Model Releases make clear the signee can withdraw permission at any stage (yikes).

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They can withdraw permission for the data to be shared, but they can't revoke the release- it's a contract.

You say "it is what it is" but that may be the point- it may not be lawful for it to be what it is.

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Hi - Not from what I've heard - but to be honest, I'm not too fussed. I'm happy to file that under: "Cross that bridge if I ever come to it" - which'll probably be 'never'!

 

"It is what it is" was in reply to Mark's questioning of why I'm needing to upload/share releases elsewhere. Seemed an easier reply than going into long winded explanation of why I'm asking the question in the first place. Plus I get to pretend I'm in a Scorsese movie for a second or two.

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