Photographs and Videos

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

Guidelines for the collection, use and disclosure of pictures and videos

1.    Collection

  • A person(s) must be notified when their picture or video is going to be taken. Notification can be accomplished via a consent form, a poster or verbal announcements.
    • Examples: Tickets or programs created for the event are great ways for letting people know that a photographer and/or videographer will be present; posters at the entrance(s) of the event indicating that pictures and/or video will be taken; asking the MC of the event to announce that pictures and/or video will be taken; or the use of consent forms.

2.    Use

  • Notification must include the purpose, or use, of the pictures and/or video being taken. If a “Statement of Purpose” is being provided, be sure to include the contact information for the Access and Privacy Office in case anyone wants to ask questions about the use of the images.
    • Examples: The pictures being taken at the event will be used for an internal newsletter or report; the video of a lecture will be shown to students in future classes who were unable to attend the event; or for marketing purposes.

3.    Disclosure

  • Notification must include any plans to share the photographs and/or video outside of the University of Manitoba. Disclosure of photos or videos must be authorized ahead of time.
    • Examples: Photographs and/or videos are posted on websites or social media sites; the images collected are shared with other public bodies for promotional reasons or for research purposes.

When should a Consent and Waiver form be used?

There are some situations where written consent must be obtained.

  • When the purpose of a photograph of an individual or a small group of identifiable individuals is for advertising or promotion.
    • Examples: For use on the University of Manitoba website or social media sites.
  • If the photograph is to be shared with third parties outside of the University.
    • Examples: For use in collaborative research with another academic institution.

In other situations it is not required or practical to get everyone to sign a Consent and Waiver form.

  • When the audience is large and the subjects in the pictures are not identifiable.
    • Examples: Pictures are being taken at a reception, homecoming or graduation dinner.

How can people be notified of the purpose, use and disclosure of photographs and videos when Consent and Waiver forms are not required?

  • Notification can be achieved by making announcements throughout the evening or placing posters at each entrance indicating that pictures and/or video will be taken at the event.
  • Be sure to indicate in the notification that if anyone does not wish to be included in the pictures, he or she should speak to the photographer and they should try to stay out of the pictures.

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 fippa@umanitoba.ca for more information.

Retention and Destruction of Photographs and Videos

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