Events
A photographer on the floor, a videographer at the stage, a 360 booth at the entrance: an event produces hundreds of photos and clips of guests, and the brand wants to post them by morning. In the Philippines, a recognisable face is personal information, and the Data Privacy Act decides what the brand needs before it uses one.
Is a photo of a guest personal information?
When the guest can be identified, yes. The Data Privacy Act covers “any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information”. A clear face in a photo, a name tag in a frame or a tagged post all qualify. A wide crowd shot where no one can be made out is a different matter.
What makes taking and posting photos lawful?
Section 12 requires “at least one of the following conditions”: consent, a contract, a legal obligation, vital interests, public functions, or “the legitimate interests pursued by the personal information controller”, unless “overridden by fundamental rights and freedoms of the data subject”.
| Use of the photo | The usual basis | What to have in place |
| Event coverage on the brand’s own pages | Legitimate interests, with notice | Signs and a line in the registration notice; a way to opt out |
| A featured guest in a paid ad or campaign | Consent | A signed release from that person |
| A 360 booth or photo wall guests choose to use | Consent | A consent line on the booth screen or form |
| Photos of children | Consent of a parent or guardian | Ask before shooting, not after |
Consent under the Act is “any freely given, specific, informed indication of will”, and it “shall be evidenced by written, electronic or recorded means.” Walking past a sign is notice; it isn’t a signed release for an ad.
What do guests have to be told?
Section 16 gives them the right to be told, before or “at the next practical opportunity”, the purposes of the processing, the “Scope and method of the personal information processing”, who will receive the data, “The identity and contact details of the personal information controller”, how long it will be kept, and their rights. At an event that means a sign at the entrance and the photo area, and the same text in the registration notice.
How much can the brand keep?
Only what it needs. Personal information must be “Adequate and not excessive in relation to the purposes for which they are collected and processed” and “Retained only for as long as necessary”. The full shoot of every guest doesn’t need to live on a shared drive forever; the selects for the recap and the campaign do.
Processing without a lawful basis is penalised with “imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00)”.
How do you plan photo and video at an event?
→ Signs at the door and the photo areas. Who is shooting, what for, where it will appear, and who to talk to about opting out.
→ A no-photo option. A wristband, lanyard colour or sticker that tells the crew not to feature that guest.
→ Releases for featured guests. Anyone who will be the focus of an ad or a campaign signs a release on the day.
→ Children only with a parent’s yes. Ask before shooting, and keep minors out of paid media without a guardian’s written consent.
→ A short brief for the crew. Wide shots are fine; close-ups of guests who didn’t agree, people in compromising moments and anyone who asked not to be filmed are not.
→ A takedown route. An email on the sign and the post caption for guests who want a photo removed, and someone who acts on it.
The release desk
Put the release forms with the photographer, not at registration. The person who decides to feature a guest is the one who asks them to sign.
General information from Republic Act No. 10173, the Data Privacy Act of 2012. NPC issuances add detail; check with your data protection officer, and with counsel for campaign use of guests’ images.
Who should plan it?
The team running the event, with the content crew, before doors open. When you brief an events agency in the Philippines, ask how they handle signs, releases and opt-outs. PUNX is an events agency in Makati: 50-plus people, founded 2023, running activations and events for GCash, Sun Life and PRU Life UK.
FAQ
Do you need consent to take photos of guests at an event in the Philippines?
An identifiable photo is personal information under the Data Privacy Act, so it needs a lawful basis under Section 12. Event coverage can rest on legitimate interests with clear notice, but featuring a guest in an ad calls for consent.
What should an event photo notice say?
The Act gives guests the right to know the purposes, the scope and method of processing, the recipients, the identity and contact details of the organiser or brand, how long the photos will be kept, and their rights.
Can a brand use event photos in a paid ad?
For a guest who is featured, get consent: freely given, specific, informed, and evidenced by written, electronic or recorded means, such as a signed release.
What is the penalty for using photos without a lawful basis?
Unauthorized processing of personal information can mean imprisonment of one to three years and a fine of P500,000 to P2,000,000.
Related
Data privacy at activations — entry forms and consent
The Safe Spaces Act at events — what venues and organisers have to set up
Children in ads — what the rules allow on set
Planning event coverage?
Send us the event, the crowd and where the content will run. We will plan the signs, the releases and the shot list together.
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