Danish DPA Takes New Position on the GDPR Legal Basis for Posting Online Photos
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.