Should NPMs use photos or videos in their communications?

Many NPMs have the right to take photos or videos during their visits to places of deprivation of liberty. These can be useful, including as a memory aid when writing reports. They can also be a powerful communication tool. Nevertheless, some important caveats need to be kept in mind: 

First, when taking pictures or videos, NPMs should make sure that detainees and detention staff cannot be identified in them. If material is collected that shows people’s faces, or personal items that could be used to identify them, these should be stored securely and not be used in any external communications. This applies to photographs of registers or custody records that show people’s names or other personal details. 

Second, when taking photos or video, NPMs must obtain informed consent from the people who are photographed or filmed, even if they are not identifiable. This means introducing yourself, explaining who you are, why you are taking photographs or video and what it will be used for. It also means being mindful that, for many persons in situations of vulnerability, consent is a fraught issue. In many detention contexts, it may be better to not take photos or record video at all. 

Third, the ‘do no harm’ principle should be the guide in situations where it is unclear whether or not it is okay to take a picture or record a video.

Fourth, if NPM staff or experts use their own phones or cameras to take pictures or record video during visits, the NPM’s internal rules should clearly describe how this information is stored or used. Transferring material from a personal device so it can be stored centrally (and then deleted from the personal devices) is a good practice. 

Fifth, detention staff may have legitimate concerns about safety and security in relation to photos or videos that show particular places, people or processes. While NPMs should maintain their independence in deciding what to record, giving careful consideration to these concerns is an important part of building and maintaining trust with authorities.

Photographs and videos can be a powerful way to highlight issues in relation to the material conditions of detention. However, they are less likely to illustrate other complex detention issues. As with the overall approach to communication, being clear on the NPM’s objectives, and then selecting the best visual or written approach to convey the NPM’s key messages, will likely provide the most effective results.