Guidance Note: Recording People at Public Events (Part 1: Individuals)

Summary

This guidance note is the first in a series from the Office of the Privacy Commissioner for Bermuda (PrivCom) explaining how the Personal Information Protection Act 2016 (PIPA) applies to photographic and videographic recording of people at public events. Part 1 focuses specifically on individuals recording in their personal capacity, rather than organisations (which will be addressed in Part 2).

• Personal information scope: Photographic or videographic footage can be personal information under PIPA if the individual is identifiable, and may be sensitive personal information if it reveals characteristics like race, health, religion, sexual orientation or similar attributes.
• Personal or domestic use exclusion: Under section 4(1)(a) of PIPA, use of personal information for personal or domestic purposes (such as an individual photographing or filming for personal enjoyment) is excluded from PIPA and is likely not regulated.
• Incidental background capture: If an individual filming friends in public accidentally captures bystanders in the background for personal use, this is also likely to fall outside PIPA, though blurring or obscuring identifiable persons is recommended good practice.
• Secondary use risk: The personal/domestic exclusion may not apply if an individual later publishes, sells, shares or otherwise uses footage containing other people's personal information; such secondary use could bring the activity within PIPA's scope.
• Good practice recommendations: Individuals are encouraged to seek written consent before photographing or recording identifiable people, and to follow relevant legal, professional and ethical standards, including those of the Bermuda Media Council.

The note is informational guidance rather than a binding rule change, clarifying PrivCom's interpretation of existing PIPA provisions as they relate to individuals, not organisations. Part 2 of the series, still forthcoming, will address how PIPA applies to organisations recording people at public events, including lawful conditions, exclusions and exemptions.

Applies to

individuals recording people at public events in a personal capacity