The right to privacy is one of the basic rights of citizenship and is expressed in the law of 8 December 1992 on the protection of the private life. The rules of photographic and public image copyright operate along the same lines.

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Every individual holds exclusive and absolute rights over an image of him/herself and its use.

When filming takes place in a train station, an airport, public park, etc, the director must obtain the prior permission of the people present. When asking permission, the use of the picture should be clearly defined. Misuse of photographs is a strict violation of the public image rights.

The image rights however only apply to people who can be individualised, eg, when their faces are photographed or filmed, or when they can be recognised by others. Permission is generally considered unnecessary in certain circumstances where a tacit agreement is presumed. Such circumstances include:

• filming of groups, street scenes or public demonstrations. It is however advisable not to include close-ups or to linger on one person
• filming public figures carrying out their profession or following events in their public life

Except in these two instances, it is essential to obtain the consent of the individual being filmed, who must understand both the nature of the shot and its intended subsequent use. This consent, whenever possible, has to be obtained in writing (with a release form) since proof of agreement, in case of a lawsuit, is the responsibility of the producer. As for children, permission is needed from (one of) the parents or legal guardians.

The image right expires 20 years after the death of the photographed person.