The Photo Consent Form is an essential legal document used in Hong Kong to obtain explicit permission for photographing individuals and using their images. It serves as a crucial tool for protecting both the rights of the photographer/organization and the privacy of the subject, ensuring compliance with Hong Kong's Personal Data (Privacy) Ordinance (Cap. 486) and related legislation. This document is particularly important in situations involving professional photography, marketing materials, corporate events, educational activities, or any scenario where photographs of individuals will be taken and potentially published or distributed. The form typically includes clear terms about usage rights, privacy protections, duration of consent, and specific permissions or restrictions, with additional provisions available for commercial use or minor subjects.
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1. Parties: Identification of the photographer/organization and the subject (or their legal guardian) giving consent
2. Background: Brief context about the photo shoot or purpose of taking photographs
3. Definitions: Key terms used in the form including 'Photographs', 'Licensed Uses', 'Territory', etc.
4. Consent Grant: Clear statement of consent for taking and using photographs
5. Permitted Uses: Specific permissions for how the photographs may be used, modified, and distributed
6. Duration: Time period for which the consent and usage rights are valid
7. Privacy Notice: Statement about how personal data will be handled in compliance with the PDPO
8. Execution: Signature blocks and date of signing
1. Commercial Usage Rights: Additional terms for commercial use of photographs, including any compensation arrangements
2. Minor Consent: Special provisions when the subject is under 18, requiring guardian consent
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 Revocation Rights: Terms under which consent can be withdrawn and the process for doing so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 Modification: Specific permissions or restrictions regarding digital editing of photographs
6. Social Media Usage: Specific terms for social media posting and sharing
7. Medical/Special Category Data: Additional provisions if photographs might reveal sensitive personal data like medical conditions
1. Schedule 1 - Photo Session Details: Specific details about the photo shoot including date, location, and type of photographs
2. Schedule 2 - Permitted Uses Matrix: Detailed matrix of allowed uses with specific checkboxes for each type of use
3. Schedule 3 - Fee Schedule: If applicable, details of any payment or compensation for photo usage
4. Appendix A - Sample Photos: Reference copies of photographs covered by the consent (to be attached after shooting)
5. Appendix B - Privacy Policy: Detailed privacy policy regarding handling of photographs and personal data
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