Would you be able to give me advice on the following? I'd also be
interested to see any policies that your organisation might have that
We have been asked by a local magazine if they could come into one of our
children's workshops and take photos of the kids for a photo feature they
are doing on things happening in the Easter hols. Now our photo permission
form does not cover this as it covers our staff or photographers we have
commissioned, taking photos that we would use in either our publicity
materials or to send to local press.
After discussions we think we have three options
1) Ask the magazine to give us a cover letter explaining what they are
doing and their consent form so that we can give it to parents when they
fill in ours at the start of the workshop
2) Supply them with a photo we have taken of the event to use
3) Refuse this request
As the workshop takes place in a closed learning room we do believe the
magazine requires parental consent to take photos. And that the event does
not come under the following definition of a "public event"
"Photographs taken at public events
If consent cannot be reasonably sought, as the photographs are being taken
in a public place, e.g. opening event, or funfair, and if you can
answer ‘yes’ to the following questions, then it would be reasonable to
take the photographs and use them for the original purpose without fear of
being in breach of the Data Protection Act 1998.
1. Would people attending the event expect photographs to be taken?
2. Would people in the photograph probably consider themselves to be in a
public place, with no expectation of privacy?
3. Do you think it unlikely that anyone would object to the photograph
being taken? (An individual could be in a public place, but may not want
any images in which they are present being used)."
So basically - what would you do? and does your organisation have a policy
that covers such a request?
Thanks for your help on this one!
Lifelong Learning Officer
Shetland Museum and Archives
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