University Solicitor's Office

Section 14: PHOTOGRAPHS, VIDEOS, WEBSITES AND WEBCAMS

Introduction

14.1 In the main, photographs for University and personal use, and those that appear in the media, are a source of pleasure, pride and enhanced self-esteem for children and young people and their families.

14.2 Although digital technology has vastly increased potential misuse of photography, in the main someone they know abuses those children and young people who are victims. There is a residual risk of a child being targeted for abuse through identification by a stranger. It is possible to minimise this risk by taking reasonable steps to ensure the appropriateness of the photograph and protect the identity of the individual.

14.3 The following guidelines are based on those issued by Kent County Council, and originated with Hampshire County Council.

14.4 The guidelines seek to raise awareness of the potential dangers to children and young people, while offering practical advice that is reasonable and proportionate.

14.5 University CCTV will capture the images of children and young people. Such images are subject to a separate University policy.

Issues of Consent

14.6 The Data Protection Act 1998 affects the use of photography, since an image of a child or young person is personal data for the purpose of the Act. Consequently, it is necessary to obtain written consent from the parent, guardian or carer for any photographs or video recordings for purposes beyond the University’s core educational functions where the individuals are children under 16 years of age, and from the young person themselves where the individuals are over 16 years of age.

14.7 Because media opportunities can sometimes present themselves at short notice and it is helpful to have consent confirmed/refused in readiness. Therefore, if photographs are likely to be taken during the programme or activity, it may be convenient for the director of the programme or activity to seek consent before its commencement. If the intention is to seek publicity for the programme or activity, via either the media or University publications, it is vital to ensure parents give consent.

14.8 A signed consent form should be obtained and kept on file, covering all cases where images of children or young people may be used for publication outside the University.

14.9 Consent gained for photographs or videos may not extend to website or webcam use. Therefore, if the intended use of photographic images is for this purpose, it is important to gain specific consent, which may be obtained as part of the consent in relation to photographs or videos.

14.10 Where the child is under 16 years of age, it is important to draw the attention to the importance of ascertaining the views of the child during the process of giving consent.

14.11 The young person (or the parent, guardian or carer in the case of a child) retains the right to withdraw consent at any stage, but they need to do so in writing.

14.12 Sample consent forms are at the end of this section. There is an example of a parental consent form and an example of a form for use with young people. These may be adapted to suit the particular circumstances of the programme or event.

Planning photographs of Children and Young People

14.13 Images and details of children and young people published together present the remote possibility that people outside the University could identify, and then attempt to contact, the child or young person directly. The measures described below should minimise the risk of such unsolicited attention.

(i) Where possible, use general shots of classrooms or group activities rather than close up pictures of individuals. Consider the camera angle; photographs taken over the shoulder, or from behind are less identifiable.
(ii) Use images in suitable dress, and take care when photographing sporting activities to maintain modesty. It may be appropriate, for instance, to photograph a group in tracksuits.
(iii) Consider alternatives. For instance, could a photograph of work produced by the individual be used instead?

14.14 It is helpful, wherever possible, to include images of individuals from different ethnic backgrounds, and positive images of those with disabilities to promote the University as an inclusive community.

Identifying Children and Young People

14.15 In situations where consent is unclear, the DfCSF advice. is:

If the child is named, avoid using the photograph. If the photograph is used, avoid naming the child.

  • If the child is named, avoid using the photograph.
  • If the photograph is used, avoid naming the child.

14.16 In the light of this advice, it is advisable to

  • Use the minimum information. Ask whether it is necessary to accompany a picture with the title of the programme or activity at the University, rather than the names.
  • o Avoid using photograph when fully naming a child or young person in any published text, whether in the University publications, website, or in the local press.

Using Photographs of Children Supplied by a Third Party

14.17 Copyright does not apply to images for private family use. However, copyright does exist in commercial photographs and it rests with the photographer.

14.18 Copyright is a right that the photographer automatically enjoys as the creator of the work to prevent other people exploiting the work and to control how other people use it.

14.19 Images downloaded from the Internet are subject to copyright.

14.19 Before using a photograph supplied by a third party, it is important to check that the third party owns the copyright in the photograph and obtain written permission to use it. To use a photograph without the copyright owner’s permission could lead to an action for copyright infringement.

14.20 Images downloaded from the Internet are subject to copyright

14.21 Third Parties will generally be under the same obligations as the University to obtain consent to the use and distribution of photographs. It is important to ask the third party to guarantee that all relevant consents were given and that the third party is entitled to provide the image.

Use of Images of Children by the Press

14.22 There are occasions when the press take photographs. Parents, guardians and carers, as well as the children and young people, need to be aware of the potential risks, so they can make an informed decision about whether to agree to their children being featured in the press and whether their full name should accompany the photograph.

14.23 The way the press use images is controlled through relevant industry codes of practice as well as the law. However, if appropriate it may be sensible to check politely that broadcasters and press photographers are aware of the sensitivity involved in detailed captioning, one to one interviews, and close or sports photography.

Videos

14.24 Specific consent needs obtaining before a child or young person appears in a video. Therefore, if the intended use of photographic images is for this purpose, it is important to gain specific consent, which may be obtained as part of the consent in relation to photographs..

Websites

14.25 The use of photographic images on websites is an area gives particular concern because of the potential misuse of images. With digital photography, there is the remote possibility that images could be produced, manipulated, and circulated without the family’s knowledge. There is also a risk is that children might be exploited, and a University might be criticised or face action.

14.26 It is important to take care with identification, and to respect parental views on the use of any photography of children on a website.

Webcams

14.27 The regulations for using webcams are similar to those for CCTV (closed-circuit television) (reference to the University policy on CCTV is given below). This means that the area in which there is use of the webcam must be well signposted and people must know that the webcam is there before they enter the area, in order to consent to being viewed in this way. Children and young people need to give consent, as well as the parents, guardians or carers of all the affected children and young people.

14.28 In gaining consent, it is important to explain why the webcam is there, the use to which the images will be put, who might want to look at the pictures and what security measures are in place to protect access.

14.29 DfCSF advice is that webcams may pose particular risks, and these need to be taken into consideration when planning activities

Parental Photography

14.30 Parents, guardians and carers may take photographs or making a video recording for their own private use. This includes any University events. They may not take photographs or to make a video recording for anything other than their own personal use (e.g. with a view to selling videos of a University event) without the consent of the other parents whose children may be captured on film. Without this consent, the Data Protection Act 1998 may be breached.

Photographs taken by Other Third Parties

14.31 Photographs need treating in the same way as any other data. It is important to maintain securely any photographs retained for University use, and disposed of securely when no longer required.

The Storage of Photographs

14.32 Photographs need treating in the same way as any other data. It is important to maintain securely any photographs retained for University use, and disposed of securely when no longer required.

Official University Photographs

14.33 On occasions, an official photographer from outside the University may take photographs. If this is the case, it is vital to assess the validity of the photographer or agency involved, and establish what checks or vetting has been undertaken. There needs to be appropriate levels of supervision to safeguard the welfare of children and young people at all times when visitors are present on the University site.

Sources of Information

(a) University Information
CCTV Policy and Procedures

(b) External Information

Home Office/UK Online

BECTA

Safeguarding children online: How e-safe are your school and your learners?

Home Office/UK Online

‘Keeping your child safe on the internet’ http://www.parentscentre.gov.uk/_files/70D3A45ED7291EC0CBD51BFD59673C50.pdf

Press Complaints Commission

Code of Practice

Hampshire County Council

Using images of people: photographs, videos and webcams: Guidance for schools.

Independent Safeguarding Authority

Guidance on inappropriate conduct involving sexually explicit images and conduct of a sexual nature under Schedule 3 of the Safeguarding Vulnerable Groups Act 2006 (SVGA).

Information Commissioner

Taking Photographs in Schools This Good Practice Guidance is aimed at Local Education Authorities and those working within schools, colleges and universities.

Photography

To (Name of the child's parent or guardian)

Name of child:

This letter explains why we need to ask you for your consent to any photographs of your child while on the programme at the University. When you have read the letter, you should fill in and return the form attached to let us know your wishes.

Generally, photographs for University and family use, and those that appear in the press, are a source of pleasure and pride, which we believe can enhance self-esteem for children and young people, and their families, and so are to be welcomed.

However, we live in an age in which digital technology has vastly increased the use, and potential misuse, of photography, and there has been publicity surrounding concern about the risk of a child or young person being identified by a photograph in the local press, and as a result being targeted for abuse.

The University takes the view that the risk of a child being identified by a stranger is small that, providing reasonable steps are in place in terms of the appropriateness of the photography and to protect the full name and contact details of children, photography will be permitted.

The University is mindful of the fact that for some families, there may be reasons why a child's identification is a matter of particular anxiety. If you have special circumstances, either now or at any time in the future, that would affect or change your consent on this issue, you need to let the director of the programme know.

You should discuss the matter of photographs with your child, and agree with them about the categories of consent. We invite you to use this letter to explore their feelings about being photographed while taking part in the programme.

Please complete the form attached. If you wish to discuss the matter, please contact the programme director.

Photography

Parental Consent form

To Name of the child’s parent or guardian:

Name of child:

Occasionally, we may take photographs of the children at the University. We may use these images in the University’s printed publications, as well as on our website. We may also make video recordings for University use.

From time to time, the media may visit our University and take photographs or film footage of a visiting dignitary or other high profile event. Children will often appear in these images, which may appear in local or national newspapers, or on televised news programmes.

To comply with the Data Protection Act 1998, we need your permission before we can photograph or make any recordings of your child. Please answer questions 1 to 5 below, then sign and date the form where shown.


1. May we use your child's photograph (unidentified) in University printed publications that we produce for promotional purposes? Yes / No

2. May we use your child's image (unidentified) on our website? Yes / No

3. May we record your child's image (unidentified) on video or webcam? Yes / No

4. Do you consent to your child being photographed or filmed in press events agreed by the University? Yes / No


5. Do you consent to your child's full name being published with a press photograph? Yes / No
Please note that websites can be viewed throughout the world and not just in the United Kingdom where UK law applies.


Unidentified above means we will only use the first name


Please note that the conditions for use of these. photographs are on the back of this form
I have read and understood the conditions of use on the back of this form.

Parent's or guardian's signature: Date:
Parent's or guardian's Name (in block capitals):

Conditions of University Use

1. This form is valid for five years from the date you sign it. The consent will automatically expire after this time. It is your responsibility to let us know if you want to withdraw or change your agreement at any time.
2. The University will not use the personal details or full names (which means first name and surname) of any child or young person in a photographic image on video, on our website, in University printed publications.
3. The University will not include personal e-mail or postal addresses, or telephone or fax numbers on video, on our website, or in University printed publications.
4. If the University uses photographs of individuals, the name of that child or young person will not appear in the accompanying text or photo caption, unless we have your agreement.
5. If the University names a child or young person in the text, we will not use a photograph of that child to accompany the article.
6. Group or class photographs or footage with very general labels, such as "a science session" may be used.
7. Only images of children or young people who are suitably dressed will be used, to reduce the risk of such images being used inappropriately.
8. As the child's parents/guardian, you agree that if you take photographs or video recordings of your child/ren that include other children or young people, you will use these for personal and family use only. Where consent has not been obtained from the other parents for any other use, there would be a breach of the Data Protection Act 1998 if recordings were used for any wider purpose.

Photography

Consent Form (for young people)

Name:

Occasionally, we may take photographs at the University. We may use these images in the University’s printed publications, as well as on our website. We may also make video recordings for University use.

From time to time, the media may visit our University and take photographs or film footage of a visiting dignitary or other high profile event. Individuals will often appear in these images, which may appear in local or national newspapers, or on televised news programmes.

To comply with the Data Protection Act 1998, we need your permission before we can photograph or make any recordings. Please answer questions 1 to 5 below, then sign and date the form where shown.

Please circle your answer 1. May we use your photograph (unidentified) in University printed publications that we produce for promotional purposes?
Yes / No

2. May we use your image (unidentified) on our website?
Yes / No

3. May we record your image (unidentified) on video or webcam?
Yes / No

4. Do you consent to you being photographed or filmed in press events agreed by the University?
Yes / No

5. Do you consent to your full name being published with a press photograph?
Yes / No

Please note that websites can be viewed throughout the world and not just in the United Kingdom where UK law applies. ‘Unidentified’ above means we will only use the first name

Please note that the conditions for use of these photographs are on the back of this form I have read and understood the conditions of use on the back of this form.

Signature:
Date:

Conditions of University Use

1. This form is valid for five years from the date you sign it. The consent will automatically expire after this time. It is your responsibility to let us know if you want to withdraw or change your agreement at any time.

2. The University will not use the personal details or full names (which means first name and surname) in a photographic image on video, on our website, in University printed publications.

3. The University will not include personal e-mail or postal addresses, or telephone or fax numbers on video, on our website, or in University printed publications.

4. If the University uses photographs of individuals, your name will not appear in the accompanying text or photo caption, unless we have your agreement.

5. If the University names you in the text, we will not use a photograph of you to accompany the article.

6. Group or class photographs or footage with very general labels, such as “a science session” may be used.

7. Only images of individuals who are suitably dressed will be used, to reduce the risk of such images being used inappropriately.

8. You agree that if you take photographs or video recordings that include other children or young people, you will use these for personal and family use only. Where consent has not been obtained from the other parents for any other use, there would be a breach of the Data Protection Act 1998 if recordings were used for any wider purpose.

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