MrPstv 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. Common sense in some aspects but always err on the side of caution...
jdoyle Posted December 17, 2015 Posted December 17, 2015 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? Permission is the issue.
jdoyle Posted December 17, 2015 Posted December 17, 2015 Not if the DPA doesn't apply. and in the case of a photo or video where an individual can be clearly identified, the DPA applies.
GrumbleDook Posted December 17, 2015 Posted December 17, 2015 The photo is a data object which can be used to identify someone. When stored it has the DPA applied to it. Consent must be given to store and process all data. If permission for use as part of school information broadcasting (internal or external) has not been given then you can't use it. If permission has been given but the us on display screens is not covered then you can't use it. If permission has been given for internal use only then the boundary is what is internal use ... does being seen by 3rd parties (visitors, from the road, etc.) count as outside of this? Err on the side of caution, get permission and anyone with a court order, CLA or former CLA should be considered off limits unless you are explicitly told otherwise. 2
VeryPC_Anthony_L Posted December 18, 2015 Posted December 18, 2015 I used to take a lot of photos in the last school I worked in. I had a School camera with school memory cards All the photos were stored on a network drive which limited staff had access to. I was given a list of students who I could not take photos off. The main issues with displaying photos is when the names are displayed as well. Displaying names should always be a NO NO. Displaying photos is generally not an issue as long as consent has been given from parents. This is a good document http://www.wiltshire.gov.uk/irsc-guidance-for-safe-working-practice.pdf (page 17)
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