SIMS photos / Legal basis

[jonathan.lees]

Forgive me if this has been answered elsewhere, I'm just trying to find out which basis for processing applies to the photos that we take of students (by a 3rd party) which are imported into SIMS and then display in other programs - cashless catering and classroom layouts. I'm not sure whether it is consent (hope not) or if there's a legal requirement perhaps tied into education act or something along those lines.

[jonathan.lees]

I think I found the answer in another thread:

 

At the moment, it is clear that any item that is statutory or is affected by secondary legislation would be covered as Compliance with Legal Obligation. Delivery of the curriculum (either the NC or that chosen and set by the school) would be Public Interest (as it is a core activity of the public authority) and the method of delivery is part of this. The choice of tools should be those most likely to allow the schools to deliver the curriculum to the highest quality, but the delivery is the action, the tool is simply the method.

 

I'm assuming that photos in sims are required as part of secondary legislation and is covered under safeguarding so would fall under legal obligation and therefore no consent is needed?

[Ditto]

I agree, for internal use, no consent required.

[GrumbleDook]

It could come under legal obligation or Public Task ... but remember that if you then use the photos for other things you have to have a lawful basis along with a justifiable purpose.

[jdoyle]

what happens when a student/parent says no to photographs or when a student is away on the day the photos are taken en masse?

[GrumbleDook]

what happens when a student/parent says no to photographs or when a student is away on the day the photos are taken en masse?

 

If the photos are being taken where the lawful basis is public task or legal obligation, then the parent is raising the right to object, not withdrawing consent.

The school would review the request and identify whether they uphold or reject the request.

Where the lawful basis is legal obligation (e.g. a photo attached to medical requirements would help identify if someone uses an EpiPen) then this is going to be rejected.

Where it is as part of a classroom display, then the school might uphold the right to object as there as personal reasons behind it, or they might reject it as they see a clear benefit for the child being treated the same as other children.

 

Where a student is in a group photo the school would make an assessment of this before photos are taken (on a personal note, this is an objection I have raised and has been upheld) and children are even known to get involved in helping with this. A group photo but the child hides their face with their hand, holds up a mask ... there are way around it. Or they simply are not included. Where pictures have already been taken, then that needs to be logged and handled carefully. Your MIS is often the best place to capture that information.

[jdoyle]

if a school claims legal obligation or public task does that mean it has to have processes to follow up and ensure that it has 100% of student photos in SIMs? (and that anything less than 100% is an indication that it is failing in that legal obligation/public task?)

 

for legal obligation there is no right to object (image below is from the ICO)

 

[GrumbleDook]

if a school claims legal obligation or public task does that mean it has to have processes to follow up and ensure that it has 100% of student photos in SIMs? (and that anything less than 100% is an indication that it is failing in that legal obligation/public task?)

 

for legal obligation there is no right to object (image below is from the ICO)

 

[ATTACH=CONFIG]50137[/ATTACH]

 

It is an interesting one with using Legal Obligation as the lawful basis, but remember that there are other legal reasons that may affect what happens with pictures. Nothing 'trumps' anything else ... it is all information that helps in the decisions made about why you do things in a certain way. To some extent, the right to object it a way of raising a flag that other things have to be considered. Whilst it is considered the school might consider it a right to restrict ... but the whole point is that the school considers it and what the impact is ... and can then justify the decision if ever pushed to do so.

 

I've floated out the above to other DP folk and will see what they come back with.