The Photo Consent Wording is essential for organizations operating in Hong Kong that need to obtain explicit permission for photographing individuals and using their images. This document type is designed to comply with Hong Kong's Personal Data (Privacy) Ordinance and related legislation, providing a framework for lawful collection and use of photographic personal data. It should be used whenever photographs of identifiable individuals will be taken and used for any purpose, whether commercial or non-commercial. The document typically includes clear specifications about usage rights, privacy protections, and data handling practices, making it particularly important in today's digital age where images can be widely distributed and repurposed. The Photo Consent Wording can be adapted for various contexts, from simple event photography to complex commercial usage, while maintaining compliance with Hong Kong's legal requirements.
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1. Parties: Identification of the photographer/organization taking the photos and the subject(s) being photographed
2. Background: Brief context about the purpose of the photography and the relationship between the parties
3. Definitions: Key terms used in the consent form including 'Photographs', 'Usage Rights', 'Territory', etc.
4. Consent Grant: Clear statement of consent given by the subject for taking and using photographs
5. Scope of Use: Detailed description of how and where the photographs may be used
6. Duration: Time period for which the consent and usage rights are granted
7. Privacy Notice: Statement about how personal data will be handled in accordance with PDPO
8. Representations and Warranties: Subject's confirmation of their right to give consent and understanding of the usage
9. Governing Law: Specification that Hong Kong law governs the consent
10. Signature Block: Space for dated signatures of all parties
1. Commercial Use: Additional terms for commercial usage of photographs, including any compensation arrangements
2. Minor Consent: Required when the subject is under 18, including parent/guardian authorization
3. Revocation Rights: Terms under which consent can be withdrawn and the process for doing so
4. Territory Restrictions: Specific geographical limitations on where photos can be used
5. Digital Manipulation: Permissions and limitations regarding photo editing and manipulation
6. Medical/Special Category Data: Additional provisions when photographs might reveal medical conditions or other sensitive data
1. Schedule 1 - Photograph Details: List or description of specific photographs or shooting sessions covered by the consent
2. Schedule 2 - Approved Usage Contexts: Detailed list of specific approved uses (e.g., websites, publications, social media)
3. Schedule 3 - Restricted Uses: List of specifically prohibited uses or contexts
4. Appendix A - Privacy Policy: Detailed privacy policy regarding handling of photographs and personal data
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