A school can ban taking photos etc. Or it can follow the more sensible
permissive line endorsed by the IC.
If it does it is unrealistic and probably unenforceable to make it a
condition that these are not posted on the internet / Youtube /
facebook.
However there is nothing to stop schools issuing guidance on the issue
with their policy which permits the taking and 'request' that parents
abide by it . I would expect many responsible schools to do this,
particularly as the potential consequences may well not be clear.
As others have pointed out the social and domestic exemption probably
does not apply - and if so there is (potentially at least) an offence
under s17/21 .
Phillip Bradshaw
Information Manager
Scrutiny Performance & Improvement
Room CY5C, County Hall
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 06 May 2011 12:17
To: [log in to unmask]
Subject: Re: [data-protection] School photos
When I see these stories, three things come to mind.
First, I have to wonder how anything in the world gets done. Should the
school have had a policy that was detailed enough to cover each of these
situations? At what point do we stop writing policies or procedures
(which may or may not be read) and when do we start to rely upon common
sense and judgement? One of the better parts of the DPA 98 would be the
list of 8 principles. These help to buttress common sense and make one
aware of what needs to be done.
Second In this world, who in their right mind is putting any pictures of
their children on youtube with enough information so that the children
can be identified? The school must have have been aware of it somehow so
that it can be taken down from the site. A cursory reading of the
literature concerning sexual predators using the internet would give one
(I would think) a moment's pause.
Third,can such things be prevented or are they such that only a reactive
approach is possible. You have to wait for it to happen before you
realize it is a problem and deal with it?
I think we are approaching an inflex point concerning privacy where more
people are going to drawback from the openness and disclosure that is
inherent in such sites as facebook and youtube. One can only hope the
lessons and guidance from the data protection community can become well
known enough to get people to be safer online.
Best
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer Assistant Chief Executive's
Office Room 140/4 Durham County Council Durham
DH1 5UF
Tel 0191-372-8371
________________________________________
From: This list is for those interested in Data Protection issues
[[log in to unmask]] On Behalf Of KPG Professional Services
[[log in to unmask]]
Sent: Friday, May 06, 2011 11:59 AM
To: [log in to unmask]
Subject: Re: [data-protection] School photos
Perhaps schools should make it known that they will not allow videos or
photos to be published on such as You Tube then, would make things a
whole lot easier if they did.
Kevin Giles
KPG Professional Services
51 Unity Terrace
Perth
PH1 2BG
Tel: 07413 934228
Web: http://www.kpgprofessionalservices.co.uk
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On 06/05/2011 11:54, Donald Henderson wrote:
No, but they're in the best position to make the request and permitted
the parent take the video in the first place. I guess you could consider
that they are enforcing the terms of an (unwritten) agreement between
the school and the parent.
Donald Henderson
Information Compliance Manager
Perth and Kinross Council
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gibson, Martin
(ICT)
Sent: 06 May 2011 11:46
To:
[log in to unmask]<mailto:[log in to unmask]>
Subject: Re: [data-protection] School photos
Are you saying that the school is responsible for the actions of the
parent? Because I would say not.
Martin
Martin Gibson
Data Protection Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 382907
www.buckscc.gov.uk<http://www.buckscc.gov.uk>
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Donald Henderson
Sent: Friday 06 May 2011 11:41
To:
[log in to unmask]<mailto:[log in to unmask]>
Subject: Re: [data-protection] School photos
Yeah, but the Section 29 Working Group have previously indicated that it
is possible to do things (like publish on a Social networking Site) that
go beyond the provisions of the domestic use exemption .
Donald Henderson
Information Compliance Manager
Perth and Kinross Council
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gibson, Martin
(ICT)
Sent: 06 May 2011 11:38
To:
[log in to unmask]<mailto:[log in to unmask]>
Subject: Re: [data-protection] School photos
Why? Is the parent's use of the photo for his own purposes not covered
by the domestic use exemption? Hopefully the school will have policies
and procedures in place regarding their own use of photos.
Martin
Martin Gibson
Data Protection Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 382907
www.buckscc.gov.uk<http://www.buckscc.gov.uk>
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