School Video

[Simcfc73]

Morning.

 

I think I know the answer to this but thoguth I would ask.

 

We had a professional video made a couple of years back which featured alot of our pupils and some have left... we are renewing the photo consent over the summer and will have a look at any of the pupils who arent in school and look at getting consent to still use them on the video.

 

If we cannot contact student in the video or they dont come back to me.. I take it we shouldnt use it.

[synaesthesia]

If they consented in the first place there shouldn't be any issue. Otherwise think about the amount of people recorded over the years by TV news crews etc... If they didn't consent then questions would obviously have to be raised about why in the first place, but then it's an easy no, it shouldn't be used without all consent unless it can be edited out.

[Meldrew]

If they consented in the first place there shouldn't be any issue. Otherwise think about the amount of people recorded over the years by TV news crews etc... If they didn't consent then questions would obviously have to be raised about why in the first place, but then it's an easy no, it shouldn't be used without all consent unless it can be edited out.

 

TV would gain a media release stating that they can use the footage in perpetuity. I know our media permissions (currently) states:

 

"The school will not use any images if your child one the child has left the school without obtaining the parents' specific consent".

 

Meldrew

[enjay]

If they consented in the first place there shouldn't be any issue. Otherwise think about the amount of people recorded over the years by TV news crews etc... If they didn't consent then questions would obviously have to be raised about why in the first place, but then it's an easy no, it shouldn't be used without all consent unless it can be edited out.

 

TV news crews are (generally) different because they're filming in a public location so don't need the consent of everyone in the footage (the phrase to fire at Google for more information on that is "expectation of privacy")

[synaesthesia]

Hmm, I'm certain I replied to this, yet doesn't appear to be here oh well. What I'm sure I replied was "Ah, yes, that makes sense, didn't think of that"

Certainly worth checking policies over.

[kennysarmy]

My initial thoughts are if the authority to use was granted by the parents and then the child then becomes 18 and leaves the school, you would need to get authority from the person in question to post videos and images of them online.

[Simcfc73]

Theres a nice bit on the ISBA photograph permission consent written by their solictors

 

Please be aware that objecting as above will not necessarily mean that the School will not continue to process images of your child that are either necessary for administration of the School, or where the School requires it and is otherwise lawfully entitled to do so. It may not be possible to change printed publications, such as the school magazine or prospectus, or third party publications (for example where we have placed an advert or provided an image to a newspaper).

[Agnete]

This is such a mine field...

 

We have a school fundraising video that we use and I am now not sure where we stand with regards to this as some students and staff in the video have now left the school

[enjay]

This is such a mine field...

 

We have a school fundraising video that we use and I am now not sure where we stand with regards to this as some students and staff in the video have now left the school

 

Did they consent at the time? I don't think consent needs to be updated, as long as you can prove it was given and hasn't been withdrawn.

[kennysarmy]

Did they consent at the time? I don't think consent needs to be updated, as long as you can prove it was given and hasn't been withdrawn.

 

My issue is that consent may have been given for students as they are under the care of their parents, but if they are now 18, don't they have a right to NOT be in videos on public view?

[djrscally]

My issue is that consent may have been given for students as they are under the care of their parents, but if they are now 18, don't they have a right to NOT be in videos on public view?

 

My interpretation of this is; they have the right to withdraw their consent, but any given under their parent's authority is still valid without that withdrawal.

[Agnete]

The thing is that up until now, the school have sent out a form annually which does not include any information about the school using the media etc for an unlimited length of time.

We are going to put together a new consent form for these things alerting people to the fact that this consent comes without a set time limit but that it can be withdrawn at any given time.

I am just wondering if I ought to send out a consent form to everybody involved in the video retrospectively - just to be on the safe side.

I hate grey areas and just want to be 100% sure I get it all right.

[enjay]

My interpretation of this is; they have the right to withdraw their consent, but any given under their parent's authority is still valid without that withdrawal.

 

I'm with @djrscally on this, but I'm not a lawyer so don't take my word for it!