Do You Need Consent to Use Photos of People in the UK?

Photo by Murtaza Hamid on Unsplash

Using photographs of people is central to marketing, communications and storytelling; and it has been for a long time. Businesses, universities, councils, and charities rely on imagery showing real people having real experiences so that they can build a connection with audiences.

But a common question organisations ask is:

Do we need consent to use photos of people?

The short answer is yes, particularly if the person can be identified and the image is being used for marketing or promotional purposes.

However, the rules are not always straightforward. Understanding when consent is required and how it should be managed is essential for organisations that want to use imagery responsibly and reduce risk.

In the UK, photographs of identifiable people can fall within data protection law if they are used in a way that identifies an individual.

Under the principles of UK GDPR, organisations must have a lawful basis for processing personal data. In many situations involving photography, that lawful basis is consent.

Consent is typically required when images are used for:

• Marketing or promotional campaigns

• Websites and social media

• Brochures and advertising

• PR and press materials

• Case studies or testimonials

For example:

• A university using photographs of students in prospectus materials

• A council publishing photos of residents in community campaigns

• A charity promoting its work using images of beneficiaries

• A business creatring a customer testimonial

In these situations, organisations should ensure that the individuals in the images have clearly agreed to the use of their image.

Many people assume that photos taken in public places can be used freely. In practice, the situation is more nuanced.

While it is generally legal to take photographs in public spaces, using those images for promotional purposes is different from simply taking them.

If a person is clearly identifiable and the image is used commercially or in marketing, organisations will usually seek permission or a model release to demonstrate consent.

This helps ensure that individuals understand:

• how their image will be used

• where it may appear

• how long it may be used for

A model release is a document that records a person’s consent for their image to be used.

It provides a clear agreement between the organisation (or photographer) and the individual in the image.

A typical release will confirm:

• the person agrees to being photographed

• the organisation may use the images for defined purposes

• the consent is recorded and stored

For organisations whether managing large or small image libraries, releases are an important way to establish trust and demonstrate that imagery has been acquired and used responsibly.

In reality, many organisations struggle to manage consent effectively.

Images are often stored in shared drives, marketing folders or asset libraries, while the associated releases may be:

• stored separately

• held by a photographer

• saved in email chains

• stored as paper forms

Over time, it becomes difficult to answer a simple question:

Do we actually have consent for this image?

This uncertainty creates risk for organisations that rely heavily on visual content.

As image libraries grow, organisations increasingly need a reliable way to connect images with the consent behind them.

This is where digital tools are beginning to play an important role.

Platforms such as imageRelease allow organisations and photographers to capture model releases digitally and create a secure record of consent.

Rather than treating releases as standalone forms, the aim is to develop a trust ecosystem where permissions are the first important step in creating that, and remain connected to assets throughout their lifecycle.

For organisations managing large volumes of imagery, this approach helps build confidence that images can be used responsibly.

Public awareness of privacy and consent has grown significantly in recent years.

At the same time, organisations are under increasing pressure to demonstrate:

• ethical communication practices

• responsible use of personal data

• transparency around how images are created and used

As a result, many organisations are reviewing how they capture and manage consent for photography.

Ensuring that permission is clear, documented and accessible is becoming an essential part of responsible image creation and use.

If your organisation regularly publishes photographs of people, it is important to consider how consent is managed.

Key points to remember:

• Identifiable images of people may be considered personal data

• Marketing or promotional use usually requires consent

• Model releases are commonly used to record that consent

• Organisations should ensure releases remain linked in some way to the images they use

Taking a structured approach to image consent not only reduces legal risk but also helps build trust with the people whose stories organisations share.

Photo by Yoann Siloine on Unsplash