GDPR Basis for Processing Photographs #

Photo’s by Milton Keynes Sea Cadets & Royal Marines Cadets are taken and processed into our Digital Archive under Legitimate Interest basis for GDPR purposes. The Legitimate Interest is the managing and maintaining of a digital historical archive of T.S Whaddon and our associated activities within the Sea Cadet Corps, part of the Marine Society & Sea Cadets.

However when people join the Sea Cadets there is a Consent for using photos for marketing & promotion, which includes sharing on social media channels. This must not to be confused by the Consent basis for processing personal data within GDPR. They are separate considerations.

When a cadet or volunteer joins the Sea Cadets there is a consent element to the joining form with regards to photographs:

Images and videos of cadets participating in related activities often appear in publications and promotional material in support of Sea Cadets. I consent to the applicant’s images being used to promote Sea Cadets – consent will remain valid for the full period of cadet membership and thereafter, unless I or another legal guardian instructs otherwise.

This is an optional consent that allows the Sea Cadets, and it’s various sub-elements to use share photo’s either originals or derivatives. We understand that not everyone wants their photo shared, hence consent being optional.

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Title: Consent Management
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flowchart TD
  CM1[Consent Form]
  CM1 --> CM2{Consent to share?}
  CM2 --> CM3[Non-Consent Recorded on Westminster]
  CM2 --> CM4[Consent Recorded on Westminster]
  CM3 --> CM5[Photo taken of subject to enable Facial Recognition. This enables easier spotting of the subject in photos.]
  CM5 --> CM6[Non-Consent Subjects are added to special hidden Collection.]
  CM4 --> CM7[Consent recorded in Digital Archive.]
  CM7 --> CM8[Photo's taken]
  CM6 --> CM8
  CM8 --> CM9[Photo's processed for identifying non-consents using facial recognition, these are tagged as Restricted, which removes them from visibility to all user groups except Admins & SuperAdmins]
  CM9 --> CM10{A subsequent decision is made, in discussion with the Subject/Legal Guardians  as to whether to?}
  CM10 --> CM11[Obscure the Subject from the original and publish the amended photo.]
  CM10 --> CM12[Create a NEW image with the Subject obscured and publish the new image.]
  CM10 --> CM13[Hide the photo in it's entirety, but retain the image for historical purposes as Legitimate Interest]
  CM11 --[Publish Photo to Archive]-->CM14[(Archive)]
  CM12 --[Publish Photo to Archive]-->CM14
  
  CM15[Controlled Access to Archive] --> CM14
  CM16[User Logs in] -->CM17[Role Based Access Applied]
  CM17 --> CM15

Things to consider with regards to Consent to share…

1. Once a face is obscured, subsequent searches for photos by the Subject later in life will not be possible as our facial recognition ability will not be able to identify the Subject.
2. If a new Image is created with the Subject obscured we will be able to identify the subject in the original photo for archive retrieval purposes.
3. In the event a Subject exercises their Right to be Forgotten we will use facial recognition to identify photos where the Subject has been identified by the software, and obscure them from the original. This is permanent update to the archive.
4. We will not delete photos which are in scope for a request to be forgotten, unless the request is the last identifiable face in the image. As there will be other Subjects in the photos whose consent to share remains in place.

AI Facial Recognition #

Our Resourcespace Digital Asset Manager has a AI plugin that uses a Facial Recognition AI module that is completely self contained, and does not push data to a third party to process, so all processing of faces remains on our server. For more information: AI Faces (InsightFace) | ResourceSpace

Contact Sheets & Requesting Photos #

We’re currently investigating the facial recognition capability to be able to offer contact sheets on request of all the photo’s a person is able to be identified in. The photos in the Archive are often higher resolution than those shared on Social Media or WhatsApp, as they strip out quality & file size to make the photos easier to share.

Other Units, Districts, Area’s & SCC National Access #

Our flexible role-based access model enables us to give discrete access to collections within our archive, please work with us to ensure those without consent in your Unit, District etc are processed appropriately.