Consent from people who appear in marketing photos

Why taking the photo yourself is not enough

You may own the copyright in a photo you took, but the people in it still have a say. Many privacy laws, such as India's Digital Personal Data Protection Act and the UK and EU data protection rules, can treat an image of a recognisable person as personal data. Beyond the law, a customer who finds their face in your ad without being asked will stop trusting you, and may tell others.

Who needs to agree

• Customers shown in your shop, salon, clinic, gym or at your events.
• Staff, including part-time staff and interns. A job does not automatically mean consent to appear in ads.
• Children: a parent or legal guardian must agree, and the child should be comfortable too.
• People in the background who can be clearly recognised, not just the main subject.
• Models, friends and family who help out for free.

What good consent looks like

• Written: a signed form, a message or an email you can find again.
• Specific: which photos or videos, and where they will appear, such as social posts, paid ads, your website or print.
• Time-bound: for example, two years, or until the person asks you to stop.
• Freely given: no pressure, and no discount that is cancelled if they say no.
• Easy to withdraw: tell them how to ask you to remove their image.
• Separate for sensitive uses: ask again before using an image in a paid ad or in anything about health.

A one-page consent form you can copy

Keep it short: your business name, the person's name and phone or email, a description or thumbnail of the images, a list of uses with tick boxes (social media, website, paid ads, print), how long you may use them, how to withdraw, the date and a signature. For a child, add the parent's or guardian's name and signature. Translate it into Hindi or Punjabi if that is the language the person reads.

When someone changes their mind or leaves

Stop using the image in new posts and ads straight away, and remove it from your website and landing pages. You may not be able to delete every old social post shared by others, so be honest about that, but remove what you control. When a staff member leaves, check whether their consent covered use after they leave; if not, replace those photos.

Situations that need extra care

• Clinics, dental practices and wellness centres: patient images, even with faces hidden, are sensitive. Get specific written consent and follow your professional body's rules.
• Before-and-after photos: they can mislead, and many platforms and ad rules restrict them.
• Events and crowds: put up a visible notice that photos are being taken and offer a no-photo option.
• Places of worship and religious events: be respectful and ask organisers first.

Recording consent next to the image

Consent is only useful if you can find it when someone asks. The media library in AI Marketing Master lets you record consent from people shown alongside each image, together with its rights status and licence expiry date. Keep the signed form itself in a safe place and note where it is.