Certified Information Privacy Professional – Europe (CIPP/E) — Question 289

A well-known video production company, based in Spain but specializing in documentaries filmed worldwide, has just finished recording several hours of footage featuring senior citizens in the streets of Madrid. Under what condition would the company NOT be required to obtain the consent of everyone whose image they use for their documentary?

Answer options

• A. If obtaining consent is deemed to involve disproportionate effort.
• B. If obtaining consent is deemed voluntary by local legislation.
• C. If the company limits the footage to data subjects solely of legal age.
• D. If the company’s status as a documentary provider allows it to claim legitimate interest.

Correct answer: D

Explanation

The correct answer, D, is based on the principle that documentary filmmakers may have a legitimate interest in portraying real-life events, which can sometimes negate the need for consent. Options A and B focus on effort and local law regarding consent, which do not exempt the company from obtaining consent. Option C is incorrect as the age of the individuals does not eliminate the need for consent.