Quote from Penny McCarthy on December 3, 2024, 4:21 pm

It's that time of year when proud parents are preparing to watch their little ones make their debut in the school nativity. Regardless of whether they have a starring role or a single line, family and friends are often keen to capture the moment on camera.  

While some schools may have their own reasons for asking parents to put their phones away, the Information Commissioner Office (ICO) is clear that data protection law does not prevent you from taking photos at school events. As the festive season starts, the UK data protection regulator provides parents and guardians with clarity on some key concerns.

Can I take photos at my child’s nativity? 

Data protection law doesn’t apply to the use of personal data for ‘purely personal or household activity’. This means that the law doesn’t prevent you from taking photos or videos of nativity plays for personal use – such as for the family group chat or photo album.

However, your school may decide it isn’t always appropriate to allow photos. For example, it may have its own policies around safeguarding or preventing disruption, but these policies wouldn’t be on data protection grounds.

Can I post these photos on my social media? 

If you post photos or videos taken at a school event to your private social media account, only viewable by friends or family, this is likely to fall within the definition of personal use. This means data protection law does not apply.

However, if you post photos or videos to a public account, viewable by an indefinite number of people, this is likely to go beyond personal use. If so, you will need to be aware of your obligations under data protection law.

You are not necessarily prevented from posting images on a public account. However, you will need to consider whether people in the photos or videos would reasonably expect the images to be used in this way. Data protection law states that you must also take extra care when using children’s personal data.

Can I get photos of my child taken down?

If images of your child have been posted online, you can request that they are removed. We recommend that you first contact the account owner to ask them to remove the images.

In most cases, the account owner should agree to a request to take down images of another person. If they refuse or don't reply, you can submit a complaint to the ICO and we may contact the account owner to ask them to resolve the concern.

What if my school takes the photos? 

Data protection law is likely to apply if photos or videos are taken for official school use, such as for inclusion in a prospectus or other promotional material.

Pupils, or a parent or guardian depending on the pupil’s age, must be informed how the photos or videos will be used.

The school will also need to have a valid reason, or ‘lawful basis,’ to publish photos or videos - consent offers one possible lawful basis that allows an organisation to use your personal data. The school should explain which lawful basis they are relying on at the outset, so that people know what to expect.

Regardless of the lawful basis relied upon, we recommend that the school allows pupils the opportunity to opt-out from their image being used.

Find out more about taking photos in schools here and further data protection advice for schools here.