Disclaimer on Privacy and Publication of Images
Since May 25, 2018, the European General Data Protection Regulation (AVG) is in force. However, certain exceptions apply for journalistic purposes. This means that the publication of images, including images of people, vehicles, license plates, house numbers or facades, may not require consent, provided the images are used solely for journalistic purposes.

 

Privacy law

There is no "Privacy Act" in the Netherlands . Privacy legislation is spread across several laws, such as the Copyright (Portrait Rights) Act, the Personal Data Protection Act (Wbp) and the General Data Protection Regulation (AVG). These laws contain provisions on the privacy of natural persons, but are not grouped together under a single "Privacy Law."

 

Consent for News Photography.

When a photograph is used for journalistic purposes, no separate consent is required. This also applies when the photo is stored in an image bank or resold, provided that the use is limited to journalistic purposes.

For the processing of personal data for journalistic purposes, certain articles and chapters of the AVG do not apply, including:

 

Permission for News Photography

When a photograph is used for journalistic purposes, no separate permission is required. This also applies when the photo is stored in an image bank or resold, provided the use is limited to journalistic purposes.

For the processing of personal data for journalistic purposes, certain articles and chapters of the AVG do not apply, including:

Article 7(3) (revocation of consent)
Article 10 (processing of personal data relating to criminal convictions)
Chapter III (data subjects' rights)
Article 30 (register of processing activities)
Articles 33 to 43 (duty to report data breaches, data protection assessment)
Chapter V (transfers to other countries)
Chapter VI (supervisory authority)
Chapter VII (cooperation between supervisory authorities)
The exceptions apply not only to journalistic purposes, but also to academic, artistic or literary forms of expression.

 

Rights of Data Subjects

In journalistic publications, the rights that normally flow from the AVG largely do not apply. This means that a person whose personal data is mentioned in an article or image:

No right to oblivion: no request can be made to remove the name.
No right to revocation: consent to publication cannot be withdrawn.
Has no right to rectification or access to the processing of personal data.
Does not have a right to object to processing.
Does not have a right to data portability, to receive personal data from the medium.

Publication of Images on the Public Road

According to the European Convention on Human Rights (ECHR), Article 10, everyone has the right to freedom of expression and the right to information. This means that it is permitted to take images on public roads and in public places without requiring the prior consent of the person photographed. When publishing such images, the provisions of Portrait Law and the General Data Protection Regulation must be respected.

 

Portrait rights and the Copyright Act

The Copyright Act contains provisions on Portrait Right, which applies when someone is depicted recognizably. This can relate to the face, but also to characteristic body postures or attributes. The law distinguishes between commissioned and non-commissioned portraits. In the case of non-commissioned photographs, publication is in principle allowed unless the person portrayed has a "reasonable interest" that would impair publication, such as in cases of privacy or financial interest. In such cases, the General Data Protection Regulation may apply.

 

License plates and Privacy

It is sometimes requested that license plates be made unrecognizable or that images containing license plates be removed for privacy reasons. However, a license plate is not private data, but a vehicle identifier that is publicly registered with the National Highway Traffic Administration. Anyone can request basic vehicle information from the license plate, but this involves only non-privacy-sensitive data.

License plates become traceable personal data only for certain government services, such as the Tax Office or Police. For these services, the use of license plates is only allowed when it is necessary for their work, and not for publications by media outlets, for example.

 

Advertisements on vehicles and premises

In some cases, we are asked to make advertising on vehicles or company names on premises unrecognizable. However, when companies choose to display advertising or company names visibly on vehicles or premises, this is a conscious choice by the owner. Media are not required to make this information unrecognizable, as it makes the vehicle or premises recognizable by the owner himself. This applies to both vehicles and commercial buildings with visible advertising from public areas.