That's very interesting about what you said about there being no difference between LI and Consent for children, and if you are able to share any correspondence on it, it would be appreciated.
Conversations with ICO (DPPC, various events and various helpline chats) so far have been clear that LI within state schools cannot be used for core activities, and where photographs have been taken in educational / pastoral situations it would be under Public Task. Using them for marketing, etc. would have to be clearly established as an additional purpose (which is in line with some of what you have covered). As there may also be safeguarding issues, DPIAs should be completed, taking into account future impact as well ... and this rules out LI for most schools although technically it could be used. It also needs to take into account where objections may not have been raised by parents/carers when the child is under 18, but they subsequently do so as an adult.
At that point ... Schools opt for Consent.
--
Tony Sheppard
Operations Manager
GDPR in Schools
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Clare Price
Sent: 11 December 2018 14:20
To: [log in to unmask]
Subject: Re: [data-protection] Consent to use images
<snip conversation about Consent v LI due to post limits>
As a result of the conversation we are going to be moving towards legitimate interests for all photos on campus. The ICO said there is no difference in law in this context between adults and children. But that whatever you do you need to do it properly and have demonstrable processes (e.g. how we manage consent and keep evidence of that consent for the lifetime of the photo or how to manage legitimate interests including informing the data subjects (or in the case children, the data subjects and their parents/guardians/accompanying adults)). Note if you have previously used consent then you need to be able to evidence that - you cannot just claim they were taken under legitimate interests. We are now going to delete a lot of old photos for which we are no longer storing consent and build up new reserves of photos taken under legitimate interests.
Jude Sloan
DPO and DP Project Coordinator
Newman University
Birmingham
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|