Picture on Social Media Query

[Bill8]

I've a GDPR query here:

We're planning on having a combined Sports Day with another school. There is a teacher at the other school who has not given permission to have his picture posted on Social Media. I have an old mug-shot of him but he looks different now, he now has long hair and a beard! I might not recognise him when posting photo's of Sports Day onto our Social Media, so, if we ask him to provide us with an up-to-date mug-shot, which only I will see at our school, and explain it's to prevent me from accidentally posting his picture, if he refuses am I in breach of GDPR?

 

"Help me Obi-Wan Kenobi, you're my only hope!"

 

TIA

[synaesthesia]

Simple, if you have no current explicit permission do not use the photo.

[Bill8]

As I said, I wont know if he's on a photo, so if he refuses I should just not post any photo's with men on them?

[Bompalompalomp]

Have him wear an identifiable wristband or similar item. If you see that item in a photo, don't include it.

 

It's what we do for the kids on sports day.

[synaesthesia]

Sorry, misunderstood; same applies though, if there's someone in a photo you don't know, you likely don't also have permission for whoever it is

[Bill8]

Have him wear an identifiable wristband or similar item. If you see that item in a photo, don't include it.

 

It's what we do for the kids on sports day.

 

That's a brilliant idea, if he refuses we'll try that.

[Bill8]

Sorry, misunderstood; same applies though, if there's someone in a photo you don't know, you likely don't also have permission for whoever it is

 

We're all guilty of that then, whenever we post photo's from a night out and people are in the background.

[network41]

You might not see a wristband in a photo , ask him to wear a Fez or Top Hat to make him stand out more in the photo:wave:

[GrumbleDook]

We're all guilty of that then, whenever we post photo's from a night out and people are in the background.

 

Personal use ... not a data protection issue.

 

A nightclub using them is a different matter.

[Pottsey]

I've a GDPR query here:

We're planning on having a combined Sports Day with another school. There is a teacher at the other school who has not given permission to have his picture posted on Social Media. I have an old mug-shot of him but he looks different now, he now has long hair and a beard! I might not recognise him when posting photo's of Sports Day onto our Social Media, so, if we ask him to provide us with an up-to-date mug-shot, which only I will see at our school, and explain it's to prevent me from accidentally posting his picture, if he refuses am I in breach of GDPR?

 

"Help me Obi-Wan Kenobi, you're my only hope!"

 

TIA

At events where you can reasonably expect a photographer to be present like sports day, football matches or at the race track you do not need consent/permission. Its different if they have specifically withdraw consent but you don't need to ask each individual person for permission in those situations. Same for if you are in a public place within reason you do not need consent.

Edited March 19, 2019 by Pottsey

[elsiegee40]

That's a brilliant idea, if he refuses we'll try that.

 

A brightly coloured lanyard is often a good way of identifying people. Sir might need a whistle on sports day?

[enjay]

One of your PE teachers will presumably recognise him, so ask them to check the photos before you post. Remember, if he is in a photo you really want to use, you could blur his face out rather than exclude the photo.

 

I can't find it now, but that reminds me of the news story about a school which put smiley emojis over every child's face in their photos for data protection!

[hardtailstar]

Could you meet him before or on sports day to speak to him and so you get a look at him if he doesn't want to provide a photo.

[LeMarchand]

I looked at various "anti-paparazzi" devices, but they're not usually cheap and generally seem best against flash or IR photography. If they're really adamant that they don't want their face in photos, they could wear a mask.

[Bill8]

Could you meet him before or on sports day to speak to him and so you get a look at him if he doesn't want to provide a photo.

 

Unfortunately not, they're having it at his school, which is on the other side of the island (Cyprus). I'll find out what he wore and look out for a long haired bearded chap who's in those clothes, shouldn't be too difficult.

 

Thanks everyone, for all of your advice.

[enjay]

Next one - Are you confident all the students at his school have given consent for their photos to be used on your school's social media?

[Bill8]

Next one - Are you confident all the students at his school have given consent for their photos to be used on your school's social media?

 

I have 4 who can't be posted, and have their SIMS pictures so should be able to recognise them.

[enjay]

I have 4 who can't be posted, and have their SIMS pictures so should be able to recognise them.

 

You missed my emphasis. Them consenting to their own school using the photo may not cover your use of their photo. Certainly, the wording of our photo consent wouldn't give you permission to use photos of our students.

[Pottsey]

You missed my emphasis. Them consenting to their own school using the photo may not cover your use of their photo. Certainly, the wording of our photo consent wouldn't give you permission to use photos of our students.

As its an event with a photographer they do not need consent. Anyone can withdraw consent and ask for photos to be removed but you don't need to ask permission to post group photos at a sporting event. If you go to an event where its reasonable to have a photographer its up to the individual to make it known they do not want photos. In this type of situation we do not need to chase up every individual.

[elsiegee40]

As its an event with a photographer they do not need consent. Anyone can withdraw consent and ask for photos to be removed but you don't need to ask permission to post group photos at a sporting event. If you go to an event where its reasonable to have a photographer its up to the individual to make it known they do not want photos. In this type of situation we do not need to chase up every individual.

 

I am not sure where you got this from!

 

At schools, we have very specific Safeguarding and child protection issues to deal with. Consent round the use of photographs is there to protect those vulnerable,

 

This isn’t a mass public sporting event. This is an event being held between two schools and the photos are being taken by the schools concerned.

 

You cannot say “Oh it’s sports day” and ignore the permissions!

 

@enjay is correct that one school is unlikely to have permission to use the photographs of students... or staff... of the other school.

 

Every individual at the event has the right to specify whether or not their photo can be used... that’s children AND adults.

[Pottsey]

I am not sure where you got this from!

 

At schools, we have very specific Safeguarding and child protection issues to deal with. Consent round the use of photographs is there to protect those vulnerable,

 

This isn’t a mass public sporting event. This is an event being held between two schools and the photos are being taken by the schools concerned.

 

You cannot say “Oh it’s sports day” and ignore the permissions!

 

@enjay is correct that one school is unlikely to have permission to use the photographs of students... or staff... of the other school.

 

Every individual at the event has the right to specify whether or not their photo can be used... that’s children AND adults.

Its not about ignoring the permissions it’s about you do not need to ask permission or get individual consent to take and use the photo in this situation. Yes they have the right but the rules change because it’s an event. As it is an event the rule changes from you must have individual consent. To you automatically have consent within reason unless the person has made it known otherwise. At events you do not have to get individual consent as long as its made known there will be a photographer at the event.

 

It basically works in reverse where it’s up to the visitors to withdraw consent and if they do not do that you can use the photo without asking.

If the visitors or other school have students that cannot be in photos its up to them to make it known to you. If they make it known do not take photos, if they have not said anything you are ok to photograph away without asking. It might be good practice to ask when possible but its not needed due to GDPR. You do not need to worry about parents and visitors in the background shots of group photos.

 

EDIT: If there is a reason to for a student not to be in photos I would expect the other school would make safeguarding reasons known. Or you could ask is there anyone who cannot be in photos. But you don't need consent written down by every person. A sign up at the entrance saying there is a photographer at this event and photos might be used or xx reason is more then enough.

Edited March 21, 2019 by Pottsey

[witch]

So who is right @GrumbleDook

[enjay]

At events you do not have to get individual consent as long as its made known there will be a photographer at the event

 

If the event were something public like the FA Cup Final, I'd agree, but I don't think the same extends to closed events such as a school sports day.

[Pottsey]

If the event were something public like the FA Cup Final, I'd agree, but I don't think the same extends to closed events such as a school sports day.

It does extend and the ICO give an example on the website of a photographer going into a small closed school event. To make everyone aware all you need to do is let everyone know in a newsletter or via a sign at the entrance. Let the photographer know about anyone who has withdrawn consent. The same rule applies to sports days and other small events.

 

"A photograph is taken by a local newspaper of a school awards ceremony. As long as the school has agreed to this, and the children and/or their guardians are aware that photographs of those attending the ceremony may appear in the newspaper, this will not breach the DPA."

[GrumbleDook]

A school sports day is not a public event, unless it is advertised as a public event and the general public can freely attend. If it is a shared event, it is still reasonable to say it is not a public event, unless otherwise stated.

 

Any organised event should have set out rules on safeguarding, including the use of data.

 

Unless otherwise agreed, no single school should be using the data of others, unless agreed for the running of the event. PR afterwards for teh purpose of a single school still needs to have the relevant agreements in place.

 

Parents taking photos will be for personal use, so data protection rules do not apply ... but this is only where permission is given to take photos ... and safeguarding of children, staff and attendees is very pertinent here.

 

Attendees, children, parents and staff have to be given clear opportunities to "opt out" (it is actually the right to object to processing, not opting out of consent) and if the school has taken the view that a local photographer can take photos they have to be mindful of any prior objections, where consent has not been given for other circumstances of a similar nature and any other associated risks (see safeguarding comments). A Legitimate Interest Assessment may be in order as well, and data sharing agreements in place with the newspaper.

 

In short

• Do not let papers dicate to you
  
• If there have been objections before, do not presume that it is ok now
  
• If parents / children have already refused consent for other PR / Media uses, then take this into account even though you are using LI this time
  
• Don't just think about data protection, also think of safeguarding and the rights of staff
  
• Be prepared to justify yourself. If you are not, then you should not be doing it ... transparency is important, but accountability is even more so!