Recording speakers at events

"I hope you can assist me and that my previous purchases cover asking questions like this.

 I have a query for you about recording video, taking photographs and other media we record for events / webinars / podcasts etc.The question relates to capturing the presenters and speakers at the events using video / photographs.Do we need to ask for consent under GDPR to process this data?Or do we ask them to sign a release so they are giving us copyright for the recordings / images etc?

You need to distinguish the contractual side of the relationship with the artist with the privacy compliance profile. When you take photographs, register a podcast, etc. you need to ask the artist to sign a release to give you the copyright for the images/recordings, etc. From a GDPR perspective, the legal basis of the data processing will be the contract, under article 6.1.b.  

If we ask them to sign a release from so we own copyright of the material, how will this affect their rights under GDPR?For example if they sign a release for a video and then later claim they want it deleted under GDPR – can they do this as we own copyright? Or is there some other way we should process this data under the GDPR without relying on consent?"

The data subject will be able to exercise all the rights under GDPR which are linked to the management of the agreement. Of course, this will not have any effect on the copyrighted images because in the release they waived such rights.GDPR will allow them to request erasure for personal data which are covered under the legal basis of consent (i.e., newsletter subscription, marketing communication, etc.), but the data controller will be able to continue processing data under the contract.Of course, consider the terms and condition of the copyright release, if the agreement can be terminated and the artist can demand to stop using his/her image/recording it is another aspect which does not involve privacy law but the contract with the artist.

Here you can find some information about the legal basis:

• Is consent needed? Six legal bases to process data according to GDPR: https://advisera.com/eugdpracademy/knowledgebase/is-consent-needed-six-legal-bases-to-process-data-according-to-gdpr/

If you need to understand how to manage data subjects' rights under GDPR, you can consider enrolling in our free EU GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course/