That photography checkbox doesn't cover facial recognition
Almost every registration form carries the same line: by attending, you consent to photography and video. That sentence was written for a photographer with a camera. Meanwhile there are glasses walking around that watch and listen, and software that recognises faces. Organisers often no longer know what their visitors actually said yes to.
Where that one checkbox comes from
That standard line comes from a time when everybody could see what was happening. Someone walked around with a camera, and the photos ended up on your site or in the debrief. Skift Meetings writes that the same clause now has to carry work it was never built for: facial recognition at the door, AI glasses that record without anyone seeing that they record, software that goes through all the footage afterwards.
On paper it all falls under 'photography and video'. It just doesn't feel that way to anyone.
For you as a maker or organiser, the trouble usually starts somewhere else. In the conversation afterwards. Someone asks what you do with their face, and you can't explain it, because you never wrote it down yourself.
Do you need a lawyer for a privacy statement?
Search for a photography consent form template and you'll find dozens. Copy none of them. A template describes someone else's work, with different gear and different agreements.
Instead, pull up your own forms and write down what you actually do:
- who photographs or films, and with what equipment
- where the images end up: your site, your socials, your portfolio, the client
- how long you keep them and where they sit
- whether any software runs over them that recognises faces or sorts images automatically
- who someone contacts if they don't want to be in there, and how fast you handle it
Look up the privacy rules for client photos and you mostly get legal language back. For most freelancers, an expensive lawyer isn't needed here. Half a page in plain words that matches what you really do is worth more than three pages of jargon you never read yourself.
The sum: an hour of writing against one awkward conversation
Writing it down costs you about an hour. Your forms next to you, your site next to you, and plain words for what happens to images and data.
Put that against what a complaint costs you. I won't put a fine amount on it, because I don't know it. What I do know: it costs you emails back and forth, an evening you don't spend on your craft, and it chips at a name you built yourself.
If you're organising something and having a registration form built, get that text right straight away. Thinking ahead is one paragraph of work. Repairing it afterwards means calling people who are already angry.
What I'd do tomorrow
Four steps, in this order:
- Open your registration form, your quote and your terms. Find every place where 'photo' or 'video' appears.
- Write five sentences about what you do with images. Readable out loud. If you can't read it out loud, it isn't right yet.
- Check whether software or a wearable is involved that does more than record. If that isn't mentioned anywhere, add it.
- Add one line at the bottom: who to email to be removed, and within how many days you reply. That single line prevents most arguments.
Do this today and you're done with it for the year. If you'd rather not type it yourself: this is the kind of writing I do for the freelancers who work with me, for 35 euros a month. If you can sort it yourself in an hour, I'll simply tell you that you don't need me for this.
Frequently asked questions
Do I have to ask every single person at an event for permission?
Usually not, but you do have to tell people honestly what happens before they walk in. The less ordinary the technology, the more explicit you have to be. A photographer walking around is visible to everyone. Facial recognition at the door isn't, so you have to name it.
What do I do if someone wants off a photo afterwards?
Take it down and confirm it briefly by email. Put on your form in advance who they can contact and within how many days you reply. Then it stays a practical question instead of a matter of principle.
Does this apply if I only shoot for my own portfolio?
Yes. Your portfolio is public, and for the person in the photo that's exactly the point. One sentence in your quote about what you do with the images and how long you keep them is enough, as long as that sentence is true.
