Media Capture Policy November 2018
The King's Community Church is committed to protecting your privacy and media.
This Media Capture Policy explains our practices for obtaining and using your media in compliance with GDPR and your options about the ways your media is used.
Media capture in public spaces
According to UK law, photographing anyone in a public place is permitted without consent. This will include the majority of our events as well as our weekend church gatherings. For these times we should follow these steps:
If a bookable event, at the point of booking, make attendees aware that media will be captured
At the event, make people aware media will be captured. This could be done through a PPT slide or physical signs on walls. Details must be included for who attendees should contact if they have any concerns.
If possible, have some areas in which photography is not allowed
The decision-making process will be documented
When consent is required
On top of the above we must also get explicit consent if what we are capturing falls into either of these two categories:
If the person could have a reasonable expectation of privacy (for example, being prayed for, a support group, pastoral meeting or other more intimate setting)
If any of the following special category data can be identified:
Religion*; (Baptised, receiving communion, actively engaging in worship)
race; ethnic origin; politics; trade union membership; genetics; biometrics (where used for ID purposes); health; sex life; or sexual orientation.
If you are not sure, the best practice is always to get consent. However, that consent will only be valid if it is freely and explicitly given, documented, and you do not create or use images for any other purpose than the one for which consent was given.
* Based on a conversation that www.gdprforchurches.org.uk/ had with the ICO, the ICO recognises that it is not always feasible to get individual consent from everyone attending a large faith-based event. In addition, attending such an event does not necessarily identify someone's faith or other special category statistic, and it will almost certainly count as a public place, in which case UK law allows photography and videography.
Getting explicit consent for privacy and special category
Our consent form is only required for privacy or special category purposes. The forms make this explicit. Even if a person refuses to give consent this doesn’t overwrite our ability to capture media of them in a public place, assuming it doesn’t breach privacy or special category concerns.