Whether you hire an agency to take pictures at a University sponsored event; book the Audio-Visual Department to videotape a guest lecturer; or are using a personal recording device to capture images of patients for the purpose of treatment or to conduct research; the collection, use and disclosure of the photographs and videos must comply with The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA).
The University of Manitoba is subject to FIPPA and PHIA, and must ensure that any photographs and/or videos collected by someone associated with the University, during the course of their relationship with the University, are for an authorized purpose and will be used and disclosed appropriately according to the Acts. A picture or video of an identifiable individual is considered personal information or personal health information under FIPPA and PHIA.
If you are planning to use the photographs as part of your own research, you should also ensure that you have included this information in your relevant submissions to the Research Ethics Board, and your protocols for capture, obtaining consent and managing the retention of this information is included in your submission. Researchers are responsible for maintaining their own copies of the consent. If the images are to be used for multiple purposes, it is also advisable for the Faculty/Department/Office and researcher to ensure they understand who is considered the copyright holder and ensure permissions for use are in place. Refer to the guidelines set out for the Human Ethics Resource Committee (HERC) for additional information regarding the use of photographs and videos in conjuction with a research project.
Guidelines for the collection, use and disclosure of pictures and videos
When should a Consent and Waiver form be used?
How can people be notified of the purpose, use and disclosure of photographs and videos when Consent and Waiver forms are not required?
Retention and Destruction of Photographs and Videos
There are some situations where written consent must be obtained.
In other situations it is not required or practical to get everyone to sign a Consent and Waiver form.
If you’re still unsure if you should use a Consent and Waiver form or need help creating a “Statement of Purpose”, please contact the Access and Privacy Office at (204) 474-7559 or email@example.com for more information.
Photographs and videos are considered records of the University of Manitoba, and therefore, should be maintained in accordance with FIPPA, PHIA and proper Records Management practices. For information on the proper retention period, archiving or destruction of your photographs and videos, please contact the Access and Privacy Office to learn more about our Records Management Program.
Updated: November 23, 2016