There is one extra and important element here. That of abusive ex carers
who may be restrained from contact with a child.
I can cite an example where my wife teaches of a child whose pictures may
not ever appear in any form in a way to make the child traceable by her
absent abusive ex carer. The child's school surname is unrelated to the
"real" surname. The child may not even be aware of this, but the parent has
given a blanket refusal, supported by court papers, to seek to ensure that
the child's picture never appears, for the child is in real danger.
If that child overrode the parental prohibition because he or she was
unaware of the possible consequences, and the school were not properly aware
of the issues (which happens because staff change and things do get
misplaced, or buried in files beneath a welter of papers) then major
problems would arise.
Those whose role involves the safekeeping of children have a very
challenging tightrope to walk ensuring that the child's rights and the
child's safety are correctly balanced with the child's need to know about
potential danger.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lee Gardiner
Sent: 31 March 2006 11:38
To: [log in to unmask]
Subject: Re: [data-protection] Phot Image consent
I certainly don't see a major conflict in the two pieces of advice. The
Teachernet advice only says that 12 year olds are presumed to be able to
exercise their own rights but it doesn't say that parents can't be consulted
or that consent can't be obtained from them. In fact the Teachernet advice
encourages schools to include parents in the process if children are over
twelve.
Just because a child is 12 years old doesn't mean they have sufficient
maturity, its only a presumption and isn't a hard and fast rule. The fact is
some 12 year olds are more than mature enough to make an informed decision
while other older children quite clearly aren't so the school/LEA must make
a judgement based on the individual cases or, more reasonably given the
numbers of children starting at new schools every year, have a policy to
notify the parents and obtain their consent for processing. There is nothing
to stop the school involving the children in this process.
Regardless of this I hardly think the ICO is going to have major issues with
a school which errs on the side of caution and follows the 'actnow' advice
and obtains consent from the parents of a 12 year old rather than the child
themselves.
A general rule of thumb test I employed at the ICO and that was said to data
controllers asking for any advice was 'what would you expect to be done if
it was your data being processed?' or in this case if it was 'your
son/daughter's data being processed?' I think in the vast majority of cases
people, as parents, would expect to be consulted and if in doubt for
schools/LEAs to err on the side of caution. Better to get it 'wrong' by
being too rigid than get it wrong by being too lax.
As Tim has just said though consent lasting for 5 years is probably pushing
it but as to whether it should be obtained annually or maybe bi-annually is
a different matter My view is annual but obviously others may disagree.
The only remaining consideration is of course once a child reaches their
mid-teens they may be inclined to withdraw their consent for certain
non-essential processing (photographs etc) and schools/LEAs should have
mechanisms in place to allow for that.
Lee Gardiner
Records Manager
x4140 or 01942 404140
[log in to unmask]
-----Original Message-----
From: Blewitt, David [mailto:[log in to unmask]]
Sent: 31 March 2006 10:48
To: [log in to unmask]
Subject: Re: [data-protection] Phot Image consent
There seems to be a conflict on the advice you give in your document:
"It is important to get consent from the parent, guardian or carer of a
child or young person up to the age of 18 (this is called 'parental
consent'). As most children attend primary and secondary schools for five
years, it seems sensible for you to get consent for the whole five-year
period. "
http://www.actnow.org.uk/Pages/images.doc
Compared to what is on teachernet and apparently advice given by the
informatiotion commisioner.:
In respect of the Data Protection Act there is a presumption that a child of
twelve years of age and over has sufficient maturity to exercise their
rights under the Act, though in practice there will be exceptions to this.
This is endorsed by guidance issued by the
Information Commissioner.
http://www.teachernet.gov.uk/_doc/9146/FPN%20guidance%202005.doc
Anyone care to comment?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 30 March 2006 10:08
To: [log in to unmask]
Subject: Re: [data-protection] Phot Image consent
Hi Helen
We have guidance on use of images on our website (www.actnow.org.uk)
Click on Resources and then Articles.
Regards
Ibrahim Hasan
Act Now Training
www.actnow.org.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Helen Bartram
Sent: 30 March 2006 09:14
To: [log in to unmask]
Subject: [data-protection] Phot Image consent
Please can anyone advise - is the LSC demanding that we ask for photo/image
consent from all students both under 16 and over 16?
Many Thanks
Helen
Helen Bartram
Learner Data and Registers Manager
Hull College
Queen's Gardens
HULL
HU1 3DG
Tel: 01482 598977
Fax 01482 598867
Internal Ext 2977
Email [log in to unmask]
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