Photos and Videos During Tours: Image Rights and Release Forms for Tour Leaders

Photos and Videos During Tours: Image Rights and Release Forms — 2026 Guide for Tour Leaders

You take a group photo in front of the Colosseum and post it on Instagram to promote your services. Seems natural. But if you don’t have a signed release form, you’ve just violated image rights (L. 633/1941, artt. 96-97), the Civil Code (art. 10), and the GDPR for Tour Leaders (artt. 6 and 9). The result? A damages claim and a damaged relationship with the Tour Operator.

This guide explains what you can and can’t do with photos and videos during tours, how to handle minors, and includes a ready-to-use basic release form template.

Images Are Personal Data: The Regulatory Framework

A person’s image is personal data protected by GDPR (artt. 6 and 9). A portrait cannot be reproduced or commercialized without the subject’s consent. Three regulatory sources converge on the same rule:

1. Copyright Law (L. 633/1941, artt. 96-97): a portrait cannot be displayed, reproduced, or commercialized without the consent of the person depicted.

2. Civil Code (art. 10): protection of a person’s dignity and reputation in the use of their image.

3. GDPR (Reg. EU 2016/679): images are personal data; processing requires a legal basis (typically consent).

What Tour Leaders Can and Cannot Do with Photos and Videos

The Image Release Form: What It Is and When You Need It

If you want to use photos or videos for any promotional purpose — website, Instagram, Facebook, brochure, tour operator presentations — you must have a release form signed that clearly specifies all terms of use.

The 6 Essential Elements of the Release Form

1. Rights holder: Who will be able to use the images (the tour operator? The Tour Leader? Both?)

2. Publication channels: Specify: website, Instagram, Facebook, print brochure, B2B presentations.

3. Duration: Fixed or indefinite period. Recommended: specify a definite duration.

4. Right of revocation: Consent must be revocable at any time through a written request.

5. Free or compensated: Specify that use is free of charge (or, if applicable, state the compensation).

6. For minors: Signature from BOTH parents or legal guardians.

Minors: Enhanced Protection

Images of minors require even stricter protection. Signatures from both parents (or the legal guardian) are required. If during a school trip or a family tour you want to photograph children, the release form must be collected in advance — ideally by the Tour Operator before departure.

Practical rule: If you don’t have a signed release form for minors, do not publish any image in which they are recognizable. You can photograph the group from behind, their feet, their hands — anything that doesn’t allow identification.

Photos in the WhatsApp Group: The Rules

Internal group use: Trip photos shared in the group chat during the tour are generally acceptable if participants have consented (even implicitly by participating in the chat).

Promotional use: Any photo shared in the group that is later reused for promotional purposes (social media posting, brochures) requires a separate written release.

Golden rule: What circulates in the group stays in the group. Do not extract photos from the private group to publish them elsewhere without explicit consent.

The Exam Question: How to Answer

Typical question: “A participant asks you to post a group photo on the tour operator’s Instagram profile. How do you handle it?”

High-Profile Answer: “I verify whether the tour operator has obtained a written release from all participants for the use of images for promotional purposes. Without it, I cannot proceed: it would violate art. 96 L.D.A. and the GDPR. I suggest posting a photo where faces are not recognizable, or sending the formal request to the tour operator.”

FAQ — Photos, Videos, and Image Rights in Tourism

Can I publish tourist photos on my personal Instagram profile?

Only with a written release from each identifiable person in the photo. Without it, you risk violating image rights and the GDPR. The alternative: publish photos of landscapes, monuments, dishes — without identifiable people.

If a tourist asks me to take their photo and then asks for it, can I publish it?

The fact that they ask you to take the photo does not constitute a release for publication. Two separate consents are needed: one for taking the photo (implicit in the request) and one for promotional publication (explicit, written).

Are photos taken in public places always publishable?

Photos of public places, yes. But if there are identifiable people in the foreground (not generic crowds), the person’s consent is required for any promotional use.

How do I handle a consent revocation request?

The GDPR guarantees the right to revocation at any time. If a participant requests removal of a photo, you must remove it from all channels as soon as possible and confirm the removal in writing.

If the tour operator already has the release form, do I need to collect it again?

No. If the tour operator has collected a valid release that also covers your use (specified in the document), you don’t need to collect a second one. However, verify that the tour operator’s release actually includes the channels you want to use.

Can a tourist forbid me from taking photos during the tour?

They can forbid you from photographing them personally and publishing their image. They cannot prevent you from taking photos of the landscape or of the group where they are not identifiable. Respect the request with professionalism.

Release Form: The Ready-to-Use Template for Tour Leaders

An effective release form must contain: identity of the data controller (name/business name of the Tour Leader or tour operator), purposes of image use (internal use, social media, promotional material), method of consent revocation, reference to the GDPR. The release form must be signed before the tour begins, not during or after.

Digital vs Paper Release Form

The release form can be collected in digital format (signature on tablet, consent via email) or paper. Both methods are valid under the GDPR. The digital release form has the advantage of being faster with large groups and automatically creating an archive. For more details, read the Italian Data Protection Authority guide on photography and our article on GDPR for Tour Leaders.