Photo and Video Consent Form (Ghana)

A Photo and Video Consent Form in Ghana records a party's informed permission for a specified act, authorising it to proceed.

Section 17 of the Data Protection Act 2012 (Act 843) requires that personal data be collected with the knowledge and consent of the data subject, and that the data subject be informed of the purpose for which the data is collected. A photographic image or video recording constitutes personal data under Act 843 because it identifies or is capable of identifying a living individual. The Data Protection Commission (DPC) enforces Act 843 and may impose administrative penalties on organisations that collect or use images without proper consent.

The Copyright Act 2005 (Act 690) vests the copyright in a photograph or film in the photographer or filmmaker as author under Section 7. Where an organisation wishes to use images for commercial purposes — including advertising, social media, marketing materials, or broadcast — it requires both the consent of the subject under Act 843 and, where relevant, an assignment or licence of any copyright the subject may hold in their own image under Act 690 and any performer's rights that may arise under Part V of Act 690.

The right to privacy protected under Article 18(2) of the Constitution of Ghana 1992 is engaged whenever images of an individual are taken and used without consent. The High Court (General Jurisdiction) in Accra has recognised that unauthorised publication of a person's image can constitute a breach of the constitutional right to privacy and may give rise to a claim in tort for invasion of privacy or defamation where the image is used in a misleading or damaging context.

A Photo and Video Consent Form in Ghana is used across a wide range of contexts: schools capturing images of students at events; hospitals and clinics recording patient procedures for training purposes; businesses using staff photographs on websites and in marketing; media organisations and journalists filming members of the public; event photographers providing services at weddings, corporate events, and festivals; and non-governmental organisations (NGOs) collecting images for fundraising and awareness campaigns.

For minors — persons under 18 years of age — the consent of a parent or legal guardian is required in addition to the assent of the minor, in accordance with the Children's Act 1998 (Act 560) and the general law governing capacity in Ghana. The Photo and Video Consent Form should identify the child, the parent or guardian providing consent, and the relationship between them.

The Electronic Transactions Act 2008 (Act 772) recognises electronic signatures and electronic consent mechanisms as legally valid in Ghana under Section 8. A Photo and Video Consent Form collected through a compliant digital platform — including a web form with a digital signature — is therefore enforceable before the High Court. Organisations should retain a verifiable record of consent, including the date, the identity of the consenting individual, and the specific purposes consented to, in order to demonstrate compliance with Act 843 to the Data Protection Commission.

A Photo and Video Consent Form in Ghana is required whenever an individual's image or likeness will be captured and used beyond the immediate private context in which it was taken.

A Photo and Video Consent Form is needed by schools, colleges, and universities registered with the Ghana Education Service (GES) or the National Accreditation Board (NAB) before photographing or filming students at academic events, sports days, graduation ceremonies, or for publication in school prospectuses, websites, or social media accounts.

A Photo and Video Consent Form is required by hospitals, polyclinics, and clinics licensed by the Ghana Health Service (GHS) before recording patient consultations, surgical procedures, or treatment sessions for training, research, or educational purposes. The Health Facilities Regulatory Agency (HeFRA) requires that patient consent be obtained before any such recordings are made.

A Photo and Video Consent Form is needed by businesses and employers registered under the Companies Act 2019 (Act 992) before using photographs or videos of employees in corporate marketing materials, websites, annual reports, or advertising campaigns. The Labour Act 2003 (Act 651) protects employees' dignity and privacy in the workplace.

A Photo and Video Consent Form is required by event photographers and videographers providing services at weddings, funerals, naming ceremonies, corporate events, and music festivals in Ghana before distributing or publishing images of identified individuals beyond the client who commissioned the photography.

A Photo and Video Consent Form is needed by non-governmental organisations (NGOs), charities, and international development organisations operating in Ghana before collecting and using photographs or videos of beneficiaries, communities, or individuals for fundraising, advocacy, social media, or donor reporting purposes.

A Photo and Video Consent Form is required by media houses, broadcasters licensed by the National Communications Authority (NCA), and online publishers before using images or footage of private individuals who are not public figures in news reports, documentaries, or online content where the individual is identifiable.

A Photo and Video Consent Form is needed by fitness studios, gyms, sports academies, and professional sports teams affiliated with the Ghana Football Association (GFA) or the Ghana Olympic Committee (GOC) before filming training sessions, competitions, or promotional content featuring identified athletes or members.

A valid Photo and Video Consent Form in Ghana under the Data Protection Act 2012 (Act 843) and the Copyright Act 2005 (Act 690) must contain the following key elements.

Identity of the Subject: The full legal name of the individual whose image or likeness is being captured. Where the subject is a minor under 18 years, the full name of the consenting parent or legal guardian must be stated alongside the child's name, and their relationship confirmed, in accordance with the Children's Act 1998 (Act 560).

Identity of the Collector: The name and address of the individual, business, or organisation collecting the images or recordings. Where the collector is a company incorporated under the Companies Act 2019 (Act 992), the company registration number issued by the Office of the Registrar of Companies (ORC) should be stated.

Description of Media: A clear description of the type of media being captured — still photographs, video recordings, audio recordings, or a combination — and the event, location, and date of capture. Vague descriptions such as "any media" may be challenged before the Data Protection Commission.

Purpose of Use: A specific statement of the purposes for which the images or recordings will be used — for example, corporate marketing on social media platforms, publication in a printed brochure, broadcast on Ghana Television (GTV) or Joy FM, or use in a training programme. The Data Protection Act 2012 (Act 843) Section 17 requires that personal data be collected only for a specified and lawful purpose.

Channels of Publication: Identification of the specific channels through which the images may be published — including websites, Instagram, Facebook, YouTube, print media, billboards, broadcast television, or educational materials. Each channel should be expressly listed.

Duration: The period for which consent is granted. An unlimited duration is permissible under Ghana law but the consent form should state whether the consent is permanent, limited to a specific campaign, or subject to revocation on written notice.

Commercial or Non-Commercial Use: A statement indicating whether the images will be used for commercial purposes (including paid advertising) or for non-commercial purposes (including educational or charitable use). Under the Copyright Act 2005 (Act 690), commercial use of a person's image may engage additional rights.

Right to Withdraw Consent: Under the Data Protection Act 2012 (Act 843), a data subject has the right to withdraw consent to the processing of their personal data. The consent form should state how the subject may withdraw consent and the consequences of withdrawal, including whether images already published can be removed.

Governing Law: Ghana law, with any disputes subject to the jurisdiction of the High Court (General Jurisdiction) in Accra or, where both parties agree, referred to mediation under the Alternative Dispute Resolution Act 2010 (Act 798).

Signature: The signature of the subject (or parent/guardian for minors), the date of signing, and — where consent is collected electronically — a record compliant with the Electronic Transactions Act 2008 (Act 772).

Forms-legal.com provides this Photo and Video Consent Form template as a starting point for individuals and organisations operating in Ghana. Organisations handling large volumes of personal data should register with the Data Protection Commission and seek advice from a solicitor enrolled with the Ghana Bar Association.

Additional compliance elements for a Photo and Video Consent Form (Ghana) used in Ghana include: Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.