Shadow_Walker Posted December 17, 2015 Posted December 17, 2015 Can anyone point me in the direction of some documentation for this from the data protection act. The photos we took only need to be used internally on videos for the plasma screens but just want to know what the regulations are for it.
Oaktech Posted December 17, 2015 Posted December 17, 2015 Can someone in admin not provide you with a copy of who can and cannot be photographed - there is usually a permission slip that parents sign. Once they have signed it, the child's image is basically yours to do with as you please - within reason.
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 Yes i have the list its 20 names per page and is 12 pages.
Love_Sausage Posted December 17, 2015 Posted December 17, 2015 If it's to be used internally then wouldn't the students concerned be visible around the school throughout the day anyway? I'm not sure you'd need any kind of permissions for that.
3s-gtech Posted December 17, 2015 Posted December 17, 2015 Yes i have the list its 20 names per page and is 12 pages. It's handier to have a list of who hasn't given their consent, as it's usually a small list.
MrPstv Posted December 17, 2015 Posted December 17, 2015 https://ico.org.uk/media/for-organisations/documents/1136/taking_photos.pdf This should be what your looking for..
Love_Sausage Posted December 17, 2015 Posted December 17, 2015 (edited) On checking the ICO website, the guidance doesn't even cover using photos internally: https://ico.org.uk/media/for-organisations/documents/1136/taking_photos.pdf (same link as above, beaten by minutes!) It's common sense using the permissions for promotional/external use but inside school I don't think I'd have any concerns. Edit: Of course, this depends on having someone high up the chain agree that this is common sense and that's what the ICO encourage. Edited December 17, 2015 by Love_Sausage
jdoyle Posted December 17, 2015 Posted December 17, 2015 On checking the ICO website, the guidance doesn't even cover using photos internally: see example re Building Passes. Internal official usage.
Love_Sausage Posted December 17, 2015 Posted December 17, 2015 see example re Building Passes. Internal official usage. From the guidance: Photographs of pupils or students are taken for building passes. These images are likely to be stored electronically with other personal data and the terms of the DPA will apply. I can see where you're coming from, but unless the photo has names pointing at the people involved, which seems unlikely and can be considered beforehand, then that wouldn't apply.
jdoyle Posted December 17, 2015 Posted December 17, 2015 Double check with your school Data Protection person. The school doesn't have the right to take photos of identifiable individuals without their permission and without explaining what the photos will be used for. Names are not an issue. Are you aware of any students with court orders? 1
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 Thanks for the responses. A very grey area. In the office we think it is fine however others say that we can only use the kids given consent.
MrPstv Posted December 17, 2015 Posted December 17, 2015 Double check with your school Data Protection person. The school doesn't have the right to take photos of identifiable individuals without their permission and without explaining what the photos will be used for. Names are not an issue. Are you aware of any students with court orders? Totally agree with this statement...
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 Double check with your school Data Protection person. The school doesn't have the right to take photos of identifiable individuals without their permission and without explaining what the photos will be used for. Names are not an issue. Are you aware of any students with court orders? I would not know. I can understand if the photos were going to be used outside the school it would be a problem but as they are stored on our server and then pushed to the tvs i can't.
witch Posted December 17, 2015 Posted December 17, 2015 Parents fill in an "opt out" form when their child starts in the school. It makes it very clear that they are agreeing to their child's image being used. This makes things very much easier. I don't think you can use the "internal only " argument as any visitor might see the picture We are very careful not to put pics and names together in the newsletter.
Love_Sausage Posted December 17, 2015 Posted December 17, 2015 Double check with your school Data Protection person. The school doesn't have the right to take photos of identifiable individuals without their permission and without explaining what the photos will be used for. Names are not an issue. Photographs of pupils or students are taken for building passes. These images are likely to be stored electronically with other personal data and the terms of the DPA will apply. I would say names are very much the issue. Also, though I realise this is playing Devil's advocate, wouldn't a visitor be as likely to see the student walking around the school or in a classroom as see them on a plasma?
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 Parents fill in an "opt out" form when their child starts in the school. It makes it very clear that they are agreeing to their child's image being used. This makes things very much easier. I don't think you can use the "internal only " argument as any visitor might see the picture We are very careful not to put pics and names together in the newsletter. Yes that is the list that was printed off for me. Yes but a vistor may also see the pupil in the school during lesson change or in a classroom. The pictures on the screens have no names on them.
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 Just spoke with the ICO and she advised me not to use photos internally for the fact of visitors seeing them.
Love_Sausage Posted December 17, 2015 Posted December 17, 2015 Ah well. Generic advice on the hoof, but you've at least covered your situation with the ICO and the school can't ask for more than that. Now to trawl those lists
MrPstv Posted December 17, 2015 Posted December 17, 2015 Just spoke with the ICO and she advised me not to use photos internally for the fact of visitors seeing them. So with the information from the ICO stating that you can't use the photos where? On a display in a foyer/lobby area?
Edu-IT Posted December 17, 2015 Posted December 17, 2015 Yes but a vistor may also see the pupil in the school during lesson change or in a classroom. Could argue it's a slim chance. If they're on a screen, that visitors will walk past, they'll definitely see them. So how does this fit with posters with kids photographs on? Is that a no-no too?
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 So with the information from the ICO stating that you can't use the photos where? On a display in a foyer/lobby area? She said it is a very grey area but advised not to as she says visitors could see them if they are on a plasma screen.
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 (edited) So how does this fit with posters with kids photographs on? Is that a no-no too? If they have given permission fine but if not ICO advised not to have images in school on display. She did say it is a grey area. Edited December 17, 2015 by Shadow_Walker
MrPstv Posted December 17, 2015 Posted December 17, 2015 If they have given permission fine but if not ICO advised not to have images in school on display. She did say it is a grey area. Thanks ICO for the grey area. Mucho thanks for you for finding out...
Shadow_Walker Posted December 17, 2015 Author Posted December 17, 2015 Thanks ICO for the grey area. Mucho thanks for you for finding out... Its a difficult one as she only advised on what we she should do. Its a difficult one to call.
Love_Sausage Posted December 17, 2015 Posted December 17, 2015 From experience with the ICO helpline they're knowledgeable and really can be helpful but when faced with a grey area they - understandably - err on the side of caution when giving advice off the top of their head. If a student is on a poster/plasma with no identifying details (ok, maybe keep them out of the reception area) I don't see how that is a data protection risk in an environment they can be seen walking around anyway.
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