Query/question - Public interest

[Scifigirl]

We are a special school and yearly we do printed transition books to send home with the students to help them know which staff they will be with in September.

 

It has been raised that we do not require an explicit yes permission as this is covered under Public interest number 16 - that we can use opt out rather that opt in for this specific instance

 

the query is-- is this correct? At my other places of work, everything has been opt in rather that out, so it feels a bit "off" to be hanging the permissions off this.

 

Thank you in advance.

[bobsmith]

What data are you sharing here? I'm confused as to what you need any permissions for here?

 

The name of their teacher??

[Scifigirl]

full names and photos of teachers and Teaching assistants that will be in class

[pablo007]

My initial thoughts are I agree this seems to be a bit off, but public interest probably does come into play here, many schools publish names and pictures of their staff on school websites and i doubt the staff had much choice over that. It might be worth asking one of the teachers their views on it and seeing if they have any specific concerns.

[bobsmith]

At the very least if you're gonna operate an opt out system - have they at least been made aware and offered the opt-out clause?

[NegativeKillDeath]

So this is between year transitions and not primary to secondary? The students will maybe have seen the teachers around school anyway or possibly know their names?

[Scifigirl]

Special school with multiple satellite sites-- they may have seen them but may not.

 

I know this is so subtle its probably a DPO question, but we aren't sure who is our DPO at the moment-- its in transition, and yes offered a opt out (which is something) but we want to get it right.

[PotNoodleTech]

I think you do need to check with a DPO.

 

@GrumbleDook any ideas?

 

From what I can see I understand the school need for this - but - you appear to be giving out this staff personal information to people who are not actually (yet) parents and pupils of your school? That's where my main concern would lie.

 

If you were giving these out on the 1st day of September then I can't see a problem (other than if teachers or teacher unions objected).

 

It is not something that many schools do.

[robintech]

Sounds like you could use the photographs under Public task

The ICO has some good stuff on their site

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/lawful-basis-interactive-guidance-tool/

 

From trying it I get the thought of

What purposes did staff think the Photos were going to be used for when they were originally taken

Be proactive and transparent about what is happening even if you are not required to obtain explicit consent to use these Photos

"Public authorities, employers and other organisations in a position of power over individuals may find it more difficult (although not impossible) to rely on consent. They need to take extra care to show that consent is freely given, and should avoid over-reliance on consent."

[dfergusson]

I'm not sure how this would come under a public task, school take photo of student for safeguarding reason etc.

Staff Photo might be taken for ID Purposes, beyond that consent is likely required.

[jmak]

I think you do need to check with a DPO.

 

@GrumbleDook any ideas?

 

From what I can see I understand the school need for this - but - you appear to be giving out this staff personal information to people who are not actually (yet) parents and pupils of your school? That's where my main concern would lie.

 

If you were giving these out on the 1st day of September then I can't see a problem (other than if teachers or teacher unions objected).

 

It is not something that many schools do.

 

Not yet parents or pupils, but presumably who have officially accepted an offer of a place so do have a formal relationship with the organisation.

 

On the face of it, to me it seems like a reasonable and useful thing to do in the normal operation of the school. I'd be seeking advice, but would be looking to use a permission that doesn't rely on consent and doesn't give an opt out.

[powdarrmonkey]

You're thinking about the public interest wrong, this is not a public interest decision.

 

To me you do clearly have legitimate interests to use the data in this way though, even though that seems to outweigh the privacy interests of the subjects.

[powdarrmonkey]

From what I can see I understand the school need for this - but - you appear to be giving out this staff personal information to people who are not actually (yet) parents and pupils of your school?

.

 

That's not what OP said.

[GrumbleDook]

It is a valid concern and this is what DPIAs are for.

You have a clear purpose (engagement by families and support for possible additional needs of individuals), you know what is going to happen to the data, you know what data is being used …

Have you checked if you are using any protected data that requires an art. 9 exception? Are there other examples of possibly sensitive information? Any members of staff who really need to protect themselves? Any protection orders?

These are a few of the questions you need to look at.

 

Realistically, the use of photos to introduce staff to children with additional needs is a really beneficial activity, and any staff objections (it is the right to object, not opt-out) have to be taken on a case-by-case basis as the right to object is not absolute. Schools can refuse, but this is a risk thing again.

 

HTH.

[enjay]

I can definitely see the reasons for doing this. I would go with public task, but notify staff it is being done and give them an opportunity to raise any concerns they might have. Ultimately, the parent and child will learn the teacher's name and see their face in September anyway so I would be surprised if people have privacy concerns, so long as the information is being given directly to parents not posted on your website.

 

Also, they might want to provide a different photo, especially if their appearance has changed since their ID photo was taken.

[Scifigirl]

Thank you everyone - yeah the ID photos are always taken as a quick photo on day of appointment.

 

I always do request though - if submitting their own photo, its a bit like a passport - face on, no filters, plain or empty background, not cropped from another pic, etc.

[enjay]

Thank you everyone - yeah the ID photos are always taken as a quick photo on day of appointment.

 

One potential issue is if you said we need to take a photo for you ID badge" and are now using it elsewhere. I'm not sure if you need to inform everyone of the change in purpose (this is why you need a DPO!).

 

I always do request though - if submitting their own photo, its a bit like a passport - face on, no filters, plain or empty background, not cropped from another pic, etc.

 

We have found it easier to get the person who takes the ID photos to take new news if someone wants to update their badge - much easier than all the back and forth as people take their own unsuitable ones! I was also thinking since the transition pack is a "get to know you " thing, the staff member might want a more personal photo than their ID mug shot, maybe with their horse/cat/bike/sports car.

[Scifigirl]

I was also thinking since the transition pack is a "get to know you " thing, the staff member might want a more personal photo than their ID mug shot, maybe with their horse/cat/bike/sports car.

 

not really a get to know you- more of a here are your people. We are very careful that photos seem professional, not to include any personal details.

[enjay]

not really a get to know you- more of a here are your people. We are very careful that photos seem professional, not to include any personal details.

 

Ah okay. Just re-take photos for anyone whose hair style / colour has changed (or the staff member who has been there for 27 years and still has the original photo on their ID, as we have here!).