Ethics, Privacy and Security

Morally we have a duty to explain to the subjects what we are doing, why we are doing it, how it will be used and the risks to the person if they take part. We must also make it clear that at any time they can stop the process or demand that certain restrictions can be place on way we use the images and text we have gathered. Legally in order to store and use the case studies, photographs and videos we use, ActionAid must be able to prove that it obtained consent at the time these were gathered. It is the responsibility of everybody who gathers case studies, films and or photographs with ActionAid to keep records of their case studies and provide proof that this consent was obtained, e.g. through a signed affirmation from the accompanying project worker. The best evidence of consent is a signed consent form. This states when, where, and why we were videoing, interviewing, or photographing, where and how the material will be used, along with the full name of the subject and a signature and date. If for any reason it is not possible to get written consent, verbal consent is acceptable as long as the established routine for gathering consent is followed and that evidence that consent was given is submitted with the collected material. For people who cannot understand, read or fill in the consent form, a representative of their choice could provide the consent on their behalf. Explain why the information is being collected and what it will be used for. While they may think they are being interviewed by ActionAid for their country, please be very clear with them that any work might appear on the internet on ActionAid websites (and therefore publicly viewable around the world); that it could be picked up by national and international media. Images should not be used five years after the date of consent, unless further consent is agreed. If using agency photographs, ask them to guarantee that permission has been granted. Also make sure you tell the agency how the photographs will be used because there are different charges for different situations. When consent cannot be reasonably be sought Sometimes consent cannot be reasonably sought, for example if the photographs are being taken in a public place. In these cases, to determine whether you can use the images WITHOUT being in breach of the Data Protection Act 1998, can you answer ‘yes’ to the following questions? Would people attending the event expect photographs to be taken? Would people in the photograph probably consider themselves to be in a public place, with no expectation of privacy? Do you think it unlikely that anyone would object to the photograph being taken? Sometimes getting consent is not the easiest thing to do but it is the right thing to do. When we need consent We need consent from all individuals where we have recorded personal or private information. Personal or private information personal details are, an image, still or moving, a quote notated or recorded. When we don’t need consent When individuals are incidental to a scene either in a video of still. This could be a street scene where an individual makes up part of the general tableau. Individuals in a public where it is expected that photography or video will take place. Examples are a public meeting, demonstration, concert, and performance. Public figures in public.

Young people The above approach is valid for both minors and adults. However in the UK more stringent rules apply with school age children. For more information on this please speak to the picture desk staff and, if filming schoolchildren, allow plenty of time for parental/guardian consent to be gathered ahead of the day of the shoot/interview/story gathering by the school.