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General Chat Thread, Images of past pupils in General; One of our teachers want's to use old pictures of past pupils for course work. I did not realise we ...
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    KWestos's Avatar
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    Images of past pupils

    One of our teachers want's to use old pictures of past pupils for course work. I did not realise we had any. Under DPA, are we able to use these pictures for current pupils to use. The pictures in question are kids who have been snapped with litter found on beaches, or do we have to dispose of them?

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    plexer's Avatar
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    Does the data protection act cover pictures? they aren't personally identifying information really?

    Ben

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    KWestos's Avatar
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    Just phoned the Information commissioner, they said NO, I can't do it!

    so that's it then!!! the lazy teachers will just have to go out and take some more, without kids in!

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    plexer's Avatar
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    When those kids were in school did they sign any paperwork to say the images could be used or did parents sign a release form?

    Ben

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    KWestos's Avatar
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    Quote Originally Posted by plexer View Post
    When those kids were in school did they sign any paperwork to say the images could be used or did parents sign a release form?

    Ben
    Parents signed a release form. But the data commissioner told me that can only stand for as long as they are at the school. Once left, images cannot be used. So anyone who has them on their website has to take them off also, even if you have a legitimate reason for taking the image in the first place.

    Basically, the DPA does not cover minors, but once they have left they become ADULTS (yeh right) but the school would still be processing data relating to an adult, therefore infringing the fair usage criteria.

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    It is interesting how the document that is supposed to cover this has been changed:

    Taking Photos in schools V2.0 dated 1 Dec 05 states

    "A small group of pupils are photographed during a science lesson and the photo is to be used in the school prospectus. This is unlikely to be personal data and the Act wouldn’t apply."

    Taking Photos in schools V3.0 dated 26 Oct 2007

    "A small group of pupils are photographed during a science lesson and the photo is to be used in the school prospectus. This will be personal data but will not breach the Act as long as the children and/or their guardians are aware this is happening and the context in which the photo will be used."

    Confusingly both documents are still linked from parts of the site so you could end up consulting an out of date document

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    KWestos's Avatar
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    Quote Originally Posted by greatone View Post
    It is interesting how the document that is supposed to cover this has been changed:

    Taking Photos in schools V2.0 dated 1 Dec 05 states

    "A small group of pupils are photographed during a science lesson and the photo is to be used in the school prospectus. This is unlikely to be personal data and the Act wouldn’t apply."

    Taking Photos in schools V3.0 dated 26 Oct 2007

    "A small group of pupils are photographed during a science lesson and the photo is to be used in the school prospectus. This will be personal data but will not breach the Act as long as the children and/or their guardians are aware this is happening and the context in which the photo will be used."

    Confusingly both documents are still linked from parts of the site so you could end up consulting an out of date document
    Yeh! The commissioner told me that schools are in a grey area and the image can only be used for a particular reason. Now as they have left, that reason no longer exists but the factual content does and the kids are incidental. Basically, to save a whole lot of trouble, just get rid of any image of any past pupil. Although not technically breaking any act in having them there, the fact that its a grey area can just stir up trouble! was the answer more or less I was given today

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    elsiegee40's Avatar
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    When photos are used on our website or prospectus we asked for specific permission, making it clear that photos may continue to be in use after the pupil has left.

    If we hadn't done this, we'd have to reprint our prospectus every few months.

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    ZeroHour's Avatar
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    Interesting, would the school own copyright of the image?
    I ask because a professional photographer can take a pic of your family and they usually keep copyright and even after you have bought the photo they can reuse it whenever they want for whatever and you *supposedly* can do jack about it.
    How are they allowed to and schools arent?

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    And does this also apply to staff who have left? I am thinking about images used on schools websites. I think pupils had a disclosure when they started in year 7 but I'm not sure about staff. What should the school do if they have pictures of staff and pupils online who have left? Remove then to be safe?

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    lol @ the DPA

    We've got thousands of photos, some on the website, some in printed literature, some just stored on the shared area.

    Have some of those got kids in that have left? Of course.
    Is it possible or feasible to go through them all and try and work out who is who? Of course not

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    Woops, thats my school website in a massive fat grey area then!!

    There are at least 70% of images on current website are ex pupils. About 30 of them!

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