 |
 |
The Information Commissioner's guidance on this is not necessarily quite clear on this type of area. The current guidance note issued to local authorities on photographs in schools (but recommended to schools, colleges and universities) states: "A small group of pupils are photographed during a science lesson and the photo is to be used in the school prospectus. This will be personal data but will not breach the Act as long as the children and/or their guardians are aware this is happening and the context in which the photo will be used." This seems odd to me on at least one level - it seems to imply that school children themselves can give consent in a relatively relaxed and potentially quite uninformed way. I do not dispute that university students are in a much better position to object to a photograph of them being taken whether they know the intended context or not - but can *all* school children be presumed to consent because they "are aware of what is happening" (i.e. someone - possibly in authority in the school - is taking their photograph) *and* because they have knowledge of the context in which the photograph will be used? What does having knowledge of the context really mean - from the point of view of a child? And it seems to me that at the very least the guidance should be re-prioritised - i.e. it should be made clear that *first of all* the pupils be told the context of the intended use and secondly they are made aware that a photograph will be taken. Nevertheless, it still places a high burden on children to agree to both (and the guidance seems to imply that all pupils can consent). Presumably it fits the type of scenario raised by Gillian. But as I have said, college or university students are more likely to be able to object to this in a way that pupils are not. I have a file copy (undated) of the guidance note from which I took the above quotation and on the exact same point the previous guidance note appears to be rather more unambiguous (the other way!): "A small group of pupils are photographed during a science lesson and the photo is to be used in the school prospectus. This is unlikely to be personal data and the Act wouldn't apply." This scenario has gone from data which is not personal data to being personal data. So at some point the IC's advice has changed and the issue has obviously been narrowed. I'm not sure if that is as a result of the Durant case and that would surprise me (and in passing I'm not sure I would use it as an authority in the way the TASI site does anyway because the Durant case is obviously quite different on the facts). The safest route, it seems to me anyway, is to adopt the more recent guidance but reverse the order (a simple point but, I think, an important one) i.e. make it clear to people that photos will be taken and what the purposes are, and if they object give them a chance to get out of the line of sight before anything is taken. Recently, I was at the Online Conference in December. A chap came in to a session with a camera and took loads of photos of the panel *and* the audience. The panel might have known that this would be part and parcel of their roles. I'm not entirely clear that he had any right to do so in terms of the audience. Nobody objected - have we given consent? Do you interrupt a whole session and telling him to stop snapping you? Do you leave? Do you hide under the chair? Was there a warning in the conference documentation stating that such photography would take place (and if there was I didn't see it)? If there was, is it valid consent? By being at the conference can you remotely be presumed to be giving informed consent just because anyone who can pay the fee is there? ... Laurence Laurence W. Bebbington Faculty Team Leader (Social Sciences, Law and Education) Information Services Hallward Library University Park Campus The University of Nottingham Nottingham NG7 2RD -----Original Message----- From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of [log in to unmask] Sent: 16 January 2008 15:47 To: [log in to unmask] Subject: Re: Permission for using images TASI's advice is very sensible and should be followed Charles Professor Charles Oppenheim Head Department of Information Science Loughborough University Loughborough Leics LE11 3TU Tel 01509-223065 Fax 01509 223053 e mail [log in to unmask] -----Original Message----- From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Grant Young Sent: 16 January 2008 15:40 To: [log in to unmask] Subject: Re: Permission for using images Dear Gillian and others TASI has put up some information on how data protection might relate to images, see: <http://www.tasi.ac.uk/advice/managing/data_protection.html> Please note that this document was last updated in January 2005, so there may be some more recent case law that has further clarified the issues it raises. We ran this document past the Information Commissioner's Office (ICO) for comment before we published it. While they had no objections to the content, they made it clear that they do not provide any endorsement for presentations by other parties, so it should be read with this in mind. You should also be aware that TASI cannot provide any legal advice. If you have or others have specific queries relating to data protection, I've always found the ICO's enquiry service extremely helpful. In my experience they seem to take a fairly pragmatic approach. Contact details here: <http://www.ico.gov.uk/Global/online_enquiries.aspx> They also have a lot of useful resources on their website - nothing I've found that comprehensively deals with images, but some useful information about CCTV footage and the following document about taking photographs in school settings: <http://www.ico.gov.uk/upload/documents/library/data_protection/practica l_application/taking_photos_v3.0_final.pdf> Another useful source of information is JISC Legal, who provide a good general overview of data protection: <http://www.jisclegal.ac.uk/dataprotection/dataprotection.htm> They also have an enquiry service:<http://www.jisclegal.ac.uk/aboutUs.htm#contact> Finally, I should note that we also have a short FAQ about model release forms on our website - these are one means of obtaining consent: <http://www.tasi.ac.uk/advice/managing/faq_model_release.html> With best wishes, Grant ---------------------------------------------------------------- Grant Young TASI Technical Research Officer (half time)* Digitisation Project Manager (half time)** *TASI - Technical Advisory Service for Images Free Helpdesk for UK Further and Higher Education: <[log in to unmask]> Online advice documents: <http://www.tasi.ac.uk/> Hands-on training: <http://www.tasi.ac.uk/training/> A JISC Advisory Service **19th Century Pamphlets Online Digitisation Project <http://www.curl.ac.uk/projects/NineteenOnline.htm> <http://www.ilrt.bris.ac.uk/aboutus/staff?search=cmgay> ---------------------------------------------------------------- --On 16 January 2008 12:54 +0000 "[log in to unmask]" <[log in to unmask]> wrote: > If the person is an identifiable individual (e.g., their name or other > details are provided, or the person can be identified in other ways > from the image), then the Data Protection Act requires that the > individual be informed that a photo of them will be taken and placed > on the web, and consent (ideally written) should be obtained from > them. If a minor is involved, in general their parent/guardian's > permission should be sought. > > Bear in mind the situation that an individual is on the run from an > abusive parent/partner and does not want the abuser to know where > he/she is, and you can see the reasons for this requirement. > > Charles > > > Professor Charles Oppenheim > Head > Department of Information Science > Loughborough University > Loughborough > Leics LE11 3TU > > Tel 01509-223065 > Fax 01509 223053 > e mail [log in to unmask] > -----Original Message----- > From: A general Library and Information Science list for news and > discussion. [mailto:[log in to unmask]] On Behalf Of Rutherford, > Gillian Sent: 16 January 2008 12:43 > To: [log in to unmask] > Subject: Permission for using images > > Colleagues, > Does anyone know the legal position of using photos of people on > websites and in institutional publications? * Is written consent > needed? > * Are there age restrictions to such permissions needed? > * Etc. > Any information about this would be very welcome. > Many thanks in advance > Regards > Gillian > > Gillian Rutherford > Head of Library Services > Tyne Metropolitan College > Embleton Avenue > Wallsend > Tyne and Wear > NE28 9NJ > > 0191 229 5293 > P > > Please consider the environment > A PC monitor left on overnight wastes enough energy to laser print 800 > A4 pages Do you really need to print this email? > > > LEGAL INFORMATION > > Information contained in this e-mail may be subject to public > disclosure under the Freedom of Information Act 2000. Unless the > information is legally exempt, the confidentiality of this e-mail and > your reply cannot be guaranteed. > > Unless expressly stated otherwise, the information contained in this > e-mail & any files transmitted with it are intended for the recipient > only. If you are not the intended recipient you must not copy, > distribute, or take any action or reliance upon it. If you have > received this e-mail in error, you should notify the sender > immediately and delete this email. Any unauthorised disclosure of the > information contained in this e-mail is strictly prohibited. > Any views or opinions presented are solely those of the author and do > not necessarily represent those of Tyne Metropolitan College unless > explicitly stated otherwise. > > This e-mail and attachments have been scanned for viruses prior to > leaving Tyne Metropolitan College. Tyne Metropolitan College will not > be liable for any losses as a result of any viruses being passed on. This message has been checked for viruses but the contents of an attachment may still contain software viruses, which could damage your computer system: you are advised to perform your own checks. Email communications with the University of Nottingham may be monitored as permitted by UK legislation.