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Sports day pics 'do not breach data laws'

Privacy watchdogs have ruled that school sports day photographs for use in local newspapers do not fall foul of data protection so long as those being photographed are aware of how the images will be used.

A row erupted last week after a primary school in Devon banned sports day pictures saying they were against the law.

But the deputy information commissioner, David Smith, says such actions are down to what he called “data protection myths.”

In fresh guidance issued yesterday, he said: “Citing the Data Protection Act to stop people taking photos or filming their children at school is wrong.”

Mr Smith said that parents’ photographs and video of their children at school sports days or plays were exempt from the Act.

And he added that photographs taken for official use or local newspapers would not breach the Act so long as the subjects are aware of how the images will be used.

The guidance has been issued to education authorities and those working in schools, colleges and universities,

It states that the Data Protection Act is “unlikely to apply in many situations where photographs are taken in schools.”

Photos of pupils for building passes or for a school prospectus would be subject to data protection rights but are permissible if those involved or their guardians are aware of the context, the guidance states.

It adds that the same applies for a photo of a school awards ceremony that is to appear in the local newspaper.

Comments

Tony Bryant (24/06/2009 11:04:34)
Mr. Smith’s clarification is a step in the right direction, but a situation that might give rise to concern is (say) a picture of a group of children, at the finish line. What happens if parents of one child want to take photos of their child crossing the line, while parents of other children, included necessarily in the same frame, object?
The School has these days to bow to the tiny minority of professional objectors, while any one the vast majority could still find themselves in court despite Mr. Smith’s `clarification’.

Nick Jones (28/07/2009 13:08:37)
As far as I can see David Smith is correct in that the Data Protection act doesn’t have jurisdiction here. It is in privicy law and child protection policy where this subject should be discussed. Child protection is the reason people are getting hot under the collar here, not because they’re trying to stop someone creating a credit card in thier child’s name. Education authorities should offer clear guidelines for schools after dialogue with local newspapers to find a sensible way forward. The recent furore with authors having to be CRB checked to work in schools should help in keeping issues like this in the headlines but I fear that the situation has already gone too far. The incontrivertible truth is that children are abused by people they know, by thier parents, thier carers or by family friends. Ironically it is legislation designed to protect children, by placing reporting restrictions on court cases, that has ultimately led to the public having a blurred perspective and unaware of who is actually responsible for the vast majority of these horrific crimes against children. Mr Smith’s comments will surely help to stop the Data Protection act being thrust in the faces of innocent photographers by self-rightious but this matter is far from satisfactorily resolved.