Steve
Do you currently consult the child in question as well as the adult? I'd be pretty p'd off if I were a 17-year-old (or even a competent 12-year-old) and found out that discussion about use of my image was taking place without my knowledge. What if the adult's and the child's consent differ?
The problem, as ever, with age limits (Gillick/Fraser/s66 DPA or whatever) is that they are, beyond a very basic level, arbitrary. ARCH have a good download on this http://www.archrights.org.uk/index.php?option=com_phocadownload&view=file&id=3:p-p&Itemid=23
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Donald Henderson
Sent: Thursday 10 March 2011 11:09
To: [log in to unmask]
Subject: Re: [data-protection] Use of Image - Children/Adult
The Act indicates that a child of 12 years is considered able to give consent in Scotland - unless you are willing to argue that your children are less able than those up here, I think you're stuck with 12.
Donald Henderson
Information Compliance Manager
Perth and Kinross Council
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: 10 March 2011 10:47
To: [log in to unmask]
Subject: [data-protection] Use of Image - Children/Adult
I am revising our use of a 'person's image' guidance and currently our guidance says we require consent of a parent/guardian/carer if the data subject is under 18. Is this a bit extreme? We are currently promoting a lot of sports events and using images to do this and I wonder if I could reasonably expect someone over the age of 14 to be able to give consent to their image being used.?
Any thoughts? Do you have a 'different age limit?
Thanks
Steve
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