PRIVACY, DATA PROTECTION and ID’s, Model Releases, Creators, & Platforms
This is a think piece. I am not a lawyer. But it is worth thinking about, and maybe, if you need to, ask a lawyer.
We’re all used to handing over ID’s and signing model releases when we perform in porn.
But have you thought about what happens next?
It used to be that you could rely on the fact that they were staying with the producer, or being shared between professional companies. If the release wasn’t explicit, it was an implied term, because everyone knew how the business worked.
But now, all the platforms are tightening up and starting to want full copies of everything. Which is not unexpected but does mean that there will be large pools of sensitive files and they will be hacker targets. If there is a breach of your performers data, that could cause problems for you IF it turns out that your paperwork was insufficient.
ACTION : Your model release paperwork should explicitly state that documents may be shared with platforms and publishers.
It would be wise to get video of performers saying that they understand this.
HISTORIC – Pre 2018 – CONTENT : GDPR came in on 25th May 2018. Sharing those documents with platforms that are now demanding it as standard (rather than “on request”) may be a GDPR breach as GDPR made most companies require new T&C to be agreed rather than rely on previous or implied terms. What do the releases that you signed actually say?
Need new paperwork from me? No problem, just ask .
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