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Picture Picture on the Wall: Danish DPA Takes New Position on the GDPR Legal Basis for Posting Online Photos
Past Position: Portrait vs. Situational Photos
Since 2002, the Danish DPA held the position that that the assessment of whether images can be published on the internet varies according to whether it is a situational picture or a portrait picture.
Situational images are images where an activity or situation is the real purpose of the image, such as photos of the audience for a concert.
Portrait pictures are pictures the purpose of which is to depict one or more specific persons. Where publication of situational images on the Internet could normally have taken place without the consent of the persons in the image, the Danish DPA has, as a starting point, required consent to the publication of portrait images.
New Position: Case-by-case Analysis
The Danish DPA will no longer distinguish between situational and portrait images. It now holds that the question of whether a picture can be published on the Internet — without the consent of the person concerned — will depend on a comprehensive assessment of the picture and the purpose of the publication.