External photographer taking / keeping photographs

[Foresthippy]

Hi,

 

A school has asked me to suggest some guidelines regarding external photographers taking photos of children and keeping the images. Apart from the considerations of children not allowed to have their photograph taken or published, where do people stand on the subject of keeping images of those who are allowed to have their photograph taken?

 

I'm not talking about an official company that does child portraits, the scenario is that a relative of a child comes in to school fairs with his fancy camera gear and takes photos of the kids to sell to their parents, and also takes photos of school plays etc. The concern is that he apparently keeps these images indefinitely and the school want to both cover themselves and him from any future safeguarding problems. Possibly in the form of a contract or something.

 

To complicate things, parents are allowed to take photos of these events without any concern, with an understanding that they won't post them on social media.

 

Any thoughts?

 

Cheers,

John

[mavhc]

Individual children are, I assume, going to his stall with their parents' permission, so it's up to the parent, make sure he doesn't photograph children without parents, and there's a sign saying "not part of the school".

 

School plays are groups, so depends what they're for, internal, external, etc

[GrumbleDook]

First thing, if he is selling photos then he should be treated as a company.

Well, he should be a company, to be honest!

 

Secondly, if he is coming on site and taking photos he should have written permission to do so. That permission is effectively a contract, setting out how long images can be retained for, what the images may be used for (backed up by an entry with the ICO's data register), and limits on when permission is needed from parents if they are to be used for anything other than being sold back to the parents.

If he is doing this as a 'favour' ... e.g. Money going back to the PTA, etc. then he needs to realise that he could be causing more problems than he is solving. If he is doing it as a business then he has a responsibility to ensure he has any relevant insurance, has relevant contracts / legal checks / etc.

 

Finally, if he does not have a valid DBS then he should be drop kicked straight away, and demand all images are handed over the school, with his copy of images destroyed.

 

The parent use is a red-herring ... that is about *their* permission to take photos for *personal* use ... this is not personal use.

 

ICO helpline can give more advice on this, but also speak to your LA / legal support for a definitive position.

 

Sorry to be negative over someone who may be helpful but both the school and the photographer need to be transparent about responsibilities and safeguarding.

[hardtailstar]

If he has the blessing of the school to take photos, could the school provide a memory card or two for him and a contract in place to say he must return the memory card at the end of the time he is in school?

 

I know of one school that does this as a parent helper is also a photographer.