State government agencies often use images of people on their website or in publications.

The Information Privacy Principles Instruction (IPPI) applies to photographs and videos through its definition of personal information.  Agencies must ensure they are not breaching their obligations under the IPPI when using photographic images or video footage.

Here are some factors an agency should consider:

• An agency should obtain consent to use an individual’s image where possible.
• Collection notices should be provided indicating the collection of personal information.  For example, where it is intended to take photographs or video footage at a large event, agencies may consider giving notice to people attending the function that photographs or video footage will be taken and used for specified purposes. See section 3.3 of our Privacy Fundamentals for more information on collection notices.
• Special care should be given for images of children. Agencies may need to obtain parental/guardian consent.
• Recognise the differences in publishing images across different media. The online publication of photographs, including agency websites, poses different risks to privacy than hard copy publications. Photographs and video placed online are often more easily replicated or manipulated than those published in hard copy form or utilised in a specific presentation.
• If possible, opt-out provisions to seek removal of images should be available. For example, an individual who is incidental to a photograph or video footage (that is, they form part of a crowd or have given implied consent through attendance at a public event) should have some options available to seek removal of their image from the publication.