Data protection and image rights under the DPA 1998 [Archived]

Copyright © 2025 LexisNexis
Produced in partnership with Ashley Roughton of Ipchambers.eu
Practice notes

Data protection and image rights under the DPA 1998 [Archived]

Copyright © 2025 LexisNexis

Produced in partnership with Ashley Roughton of Ipchambers.eu

Practice notes

ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). This Practice Note is for background information only and is not maintained.

What is meant by image?

Two kinds of image are discussed in this Practice Note: (1) the likeness of a person’s physical characteristics and the physical circumstances of their proximity (ie a photograph or picture)—the ontic definition; and (2) the perception of a person in the mind of the public—the ontological definition.

Both are relevant in a data protection context.

For a comprehensive introduction to the GDPR, collating key practical guidance, see: Data protection toolkit.

Data protection

The purpose of the law of data protection is to ensure that those who process personal data for other than strictly domestic purposes are regulated. The basis for the necessity of such regulation is outside the scope of this Practice Note.

Under the DPA 1998, personal data are data which comprise information

Ashley Roughton
Ashley Roughton

Ipchambers.eu

Ashley Roughton is an intellectual property barrister who specialises in all aspects of Intellectual Property Law and associated areas of Competition Law. He is a graduate chemist and has postgraduate specialisms in biochemistry.

Ashley has appeared in the European Court of Justice, the Court of First Instance, the Court of Appeal (both criminal and civil), the High Court (Chancery and Queen's Bench Divisions), the Divisional Court (both civil and criminal), the County Court (both general and patents) the Crown Court, the magistrates' court, the trade marks registry and the patent office.

Chambers & Partners 2012
In Intellectual Property: "Ashley Roughton has a broad practice that takes in both technically demanding patent work and complex trade mark litigation. He is known for his discreet handling of sensitive issues, and in recent times he has been engaged in a series of disputes relating to design rights of various types."

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Data protection definition
What does Data protection mean?

In an employment context, this refers to the obligation on an employer to protect the data of its employees and ensure that it complies with the law on how it uses the employees' data.

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