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?
A well-known video production company, especially one specializing in documentaries, may be exempt from obtaining consent from all individuals featured in footage if obtaining such consent would involve disproportionate effort. This exception recognizes the practical difficulties in securing consent from everyone in public settings, especially in scenarios where individuals are incidentally filmed in a non-intrusive manner.
being a documentary provider is not necessarily a legitimate reason to go around film people. filming a street of people makes it almost impossible to ask everybody for consent, which is why A. should be correct answer.
Agreed, the answer should be A as obtaining consent of all of these individuals would be deemed to "involve disproportionate effort" and this would be sufficient as long as the company is not processing the videos for specific purposes of identifying sensitive data
Reliance on the criteria of performance of a task in the public interest, is one of the legal grounds where processing can take place without obtaining consent. Archiving, scientific, historical or statistical purposes are all examples of this. Correct answer is D
A film maker produces documentary film could be its legitimate interest. And this may not be able to avoid film people on the street.
Disproportionate effort can be an exemption to obligation of notice under principle of transparency, but not to obligation to obtain consent.