Dear All,
I recall we had a discussion about new powers for Head Teachers to seize mobile phones. However, I could not find, but I seem to recall, a discussion about enforcement once those videos are posted to to a facebook or a similar social media site.
I seem to recall that the victim in such instances would be able to contact Facebook, but I did not recall how the ICO would be involved. In that instance, since it occurred in school it might be an invasion of privacy so the ICO may have a view regarding the personal information being disclosed inappropriately. However, I was not certain whether this fell under a s.55 offnce or something else. Would it be a breach of the HRA (s.8) for the teacher and therefore would require them to go to the courts to find redress?
Does anyone issue guidance to schools on how to advice teachers and pupils about this issue? I would have thought it a good idea to alert students that surreptious videoing without consent in a school and posting it to facebook can have serious consequences.
Best,
Lawrence
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