contract-law gdpr privacy
Talent consent withdrawal in film in Europe
<p>Consider the following scenario of right to erasure in film-making in Europe. Person A makes amateur live-action films, for example theater performances. Person B is in one of those performances and consents to recording and publication verbally or in writing. Later, for whatever personal or professional reason, person B would like to withdraw consent under the GDPR right to be forgotten.</p>
<p>Does person B have the right to erasure and would face and voice count as personal information under GDPR? Does person A have to edit the film to remove, blur, or distort the voice of person B?</p>

<blockquote>
<p>… would face and voice count as personal information under GDPR?</p>
</blockquote>
<p>Absolutely.</p>
<blockquote>
<p>Does person B have the right to erasure …</p>
</blockquote>
<p>No.</p>
<p>The right to erasure only applies in certain <a href="https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/#ib2" rel="nofollow noreferrer">circumstances</a>. While the initial reason for collecting personal data was consent, once it has been incorporated into a film, the processor now has a legitimate interest in the data. The right to erasure does not apply when there is a legitimate interest.</p>
