The Photo Release Policy serves as a crucial governance document for organizations operating in Hong Kong that regularly capture, use, or distribute photographs of individuals. This document becomes necessary when organizations need to establish clear guidelines for obtaining and managing photo releases while ensuring compliance with Hong Kong's Personal Data (Privacy) Ordinance, Copyright Ordinance, and other relevant legislation. The policy addresses key aspects such as consent requirements, usage rights, privacy protection, and special provisions for vulnerable groups, providing a comprehensive framework that balances organizational needs with individual rights and legal obligations.
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1. Purpose and Scope: Defines the overall purpose of the policy and its applicability within the organization
2. Definitions: Key terms used throughout the policy including 'Photograph', 'Personal Data', 'Subject', 'Commercial Use', 'Editorial Use'
3. Consent Requirements: Details of when and how consent must be obtained, including specific requirements for different types of subjects
4. Rights and Ownership: Clear statement of rights regarding the photographs, including copyright ownership and licensed uses
5. Usage Terms and Restrictions: Specific terms governing how photographs may and may not be used
6. Privacy and Data Protection: Compliance requirements with Hong Kong's Personal Data (Privacy) Ordinance
7. Duration and Termination: Period of validity for the release and conditions for termination
8. Governing Law: Specification of Hong Kong law as the governing jurisdiction
1. Special Provisions for Minors: Additional requirements and protections when photographing subjects under 18
2. Commercial Usage Terms: Specific terms for commercial exploitation of photographs, including compensation if applicable
3. Social Media Usage: Specific terms and conditions for social media publication and sharing
4. International Usage: Additional terms for photographs used outside Hong Kong jurisdiction
5. Group Photographs: Special provisions for handling photographs containing multiple subjects
6. Sensitive Contexts: Additional provisions for photographs taken in medical, educational, or other sensitive settings
1. Schedule 1: Consent Form Template: Standard consent form template for photo subjects
2. Schedule 2: Minor Release Form: Specific consent form for photographs of minors, requiring parental/guardian signature
3. Schedule 3: Approved Usage Contexts: Detailed list of pre-approved usage contexts and purposes
4. Schedule 4: Privacy Notice: Detailed privacy notice explaining how personal data will be collected, used, and stored
5. Appendix A: Photo Specifications: Technical specifications for photograph usage including format, resolution, and modification permissions
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