The Danish Data Protection Authority has changed its position regarding the legal basis for posting pictures online under the General Data Protection Regulation (GDPR). Rather than a distinction between “situational” and “portrait” pictures, Datatilsynet now requires a case-by-case analysis.
The Danish DPA will no longer distinguish between situational and portrait images. It now holds that the question of whether a picture can be published on the Internet — without the consent of the person concerned — will depend on a comprehensive assessment of the picture and the purpose of the publication.