Photography at school events - Advice to schools from Essex County Council

There are key events in the life of a school where the parent and wider community will naturally wish to have a visual record of the proceedings.  Unfortunately, the actions of a minority in mis-using visual images, in particular through the use of the Internet, have meant that local authorities and schools need to pay particular attention to the requirements of data protection legislation.   We have looked at the issue of photography in schools and are seeking, through this guidance, to support schools in working with parents and others to protect the interests of the children in their care.

Summary

a.      If you’re intending to allow photography (including video) at any school event, on or off site, you must obtain written permission from parents or older pupils.

b.      Separate written permission must be obtained where you intend to use images in a publication, such as your school prospectus, or on the Internet.

c.      For your, and your pupils’, protection you should require professional photographers to comply with the County Council’s guidelines.    

d.      If you decide to nominate a non-professional individual to record an event, they must be clear about the constraints on the use of the images.                    

e.      Any sales of photographs or videos of school events should be at cost price.

f.        Withdrawing children from photographed events can be perceived as a punishment; you might wish to put this point to parents who object to photography at school events.

1.   Seeking permission from parents or older pupils

The basic principle is that written permission must be sought for children to be photographed (including video) during school events, such as nativity plays or sports days.   The LEA's current view is that the most straightforward way of complying with the law in this respect is to have the written ‘blanket’ consent of parents to the effect that they have no objection to their child being photographed, either by official photographers (perhaps from the press, or as otherwise arranged by the school) or by others present during any school events on or off site.   Another approach would be simply to ban photography altogether, though this would clearly be unpopular with many parents and pupils.  This action might, of course, be necessary to comply with licensing regulations in the case of theatrical productions.

In relation to Human Rights legislation, you should seek written permission directly from the child if in Year 9 or above, rather than from the parent or carer.

There is, of course, a limit to the control a school can have over other people taking pictures off site; but this refers to the invited audience, or participants, rather than to anyone who might just happen to be there, and for whose actions the school could not reasonably be expected to be responsible. 

2.      Use of images in external publications, including the Internet

Where you intend to use visual images of children in a publication such as a school prospectus, or on your school’s website, you must seek explicit, written permission for the particular usage from the parent/carer of each and every child involved, or from the child if in Year 9 or above.  Where it is the child from whom permission is sought, you could inform the parent/carer of this situation as a courtesy, perhaps by addressing a letter to them, with a reply slip for the parent/carer or child to sign as appropriate.

3.      Using a professional photographer

If you decide to engage a professional photographer to record a school event, either alongside any other photographer, or as the sole photographer, you should ensure that they are prepared to work according to the County Council’s (draft) guidelines which prescribe the following (press photographers often work to a similar code of practice as a matter of course):

·        In the context of data protection legislation, the photographer will be considered as a “Data Processor” and any agreement with them should be in accordance with the Data Protection Act 1998.

·        Only use photographers who guarantee to act appropriately to prevent unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, the personal data including photographs.

·        Photographers should be asked to sign up to an agreement with the school that should take into account the following:

·        That the photographer will comply with the requirements set out in the Data Protection Act 1998 (most professional photographers will be aware of these requirements).

·        That the material may only be used for the School’s own purposes and that permission has not been given to use the photographs for any other purpose.

·        That the photographer may not disclose the photographs to any other party unless specifically required to do so in order to fulfil the requirements under the contract or where written permission has been given by the School.

·        The photographer must comply with the steps set out above.

·        The photographer will be responsible for keeping his own records as evidence that he has carried out the above.

4.      Nominating a non-professional to be the authorised photographer

If you nominate another individual – say a parent or a governor – to be the photographer, they must be quite clear that the images may not be used for anything other than the purpose indicated by the school.

5.      Charging for photographs/videos

Where a nominated photographer (professional or otherwise) is used, the proceeds from any sale of photographs or copies of videos should go to the School Fund and the images should be sold at cost price.

Conclusion

No-one would reasonably wish to constrain the legitimate use of photography at what are intended to be happy events for the school community and for individual families.  Where a parent or carer does object, either in general, or in respect of a particular event, however, this could well result in the child not being able to take part in some, or all, of the activity.   You might wish to talk the parent through the implications of such exclusion from the child’s point of view.

November 2003

Essex County Council
Strategic Support / Customer Care