Gym Filming and Privacy Rights
I read an article in Women's Health about a lady who was caught in someone else's workout video. She is right to think she deserves to work out in peace without worrying who is filming.
The author of the Women’s Health article was scrolling on her phone when she noticed said video of a fellow gym goer featuring herself. The author was tagged along with the gym itself, i.e. all gym followers could see her exert herself in a way she did only because she was oblivious to the camera (her words).
How much privacy do you expect at the gym?
I found this case interesting because the gym is, to an extent, a public place, where your expectations of privacy would be generally lower. So, you might have to accept that someone somewhere will take a picture of themselves in the mirror while working out, and you’ll be in the background.
However, deciding whether or not someone does have an expectation of privacy and to what extent that overrides any other rights and freedoms is very much context-based. The facts to consider come from case law*, which is mostly about celebrities, their normal life, struggles, and children, for example.
The author pointed a few elements about her gym experience that convinced me she had a strong expectation of privacy which tripped the video poster’s rights.
The fact that she was doing what she was doing reliant on the assumption not to be filmed;
That you go to the gym to work out in peace anyway, and not for someone else's content; and
Her personal history of body image consciousness and that connection to the gym where the majority of people are fit (and often posting about their workouts).
Is filming at the gym UK GDPR compliant?
Taking photos and videos of yourself and others is likely to be a “purely personal and household activity” and therefore not caught by the UK GDPR. This is context-driven, but on a normal gym day concerning an average fitness person, the UK GDPR is unlikely to apply.
All of this isn’t meant to say you shouldn’t take your phone to the gym or indeed don’t take any photos/videos. It just means that some consideration for others is advised. At the very least:
Don’t tag others unless they are happy with it or are your friends;
If you do, have a think if you should tag the gym itself (especially if your profile is public; others may not appreciate it);
If someone asks you not to take photos of them, it’s polite to oblige;
Check if the gym has a photography policy.
Finally, definitely no visual content allowed in the changing rooms.
Women’s Health article (behind a paywall): “I was caught in someone else’s gym content. This is why you should leave your phone in your locker” by Rose Stokes
* Cases like Campbell v MGN Ltd, David Murray v Big Pictures Limited (the JK Rowling case)