Photography. Brian Innes Customer Services. November 2009

Transcription

1 DATA LABEL: PUBLIC Education Services Policy: Author: Service: Last Updated: Photography Brian Innes Customer Services November INTRODUCTION PHOTOGRAPHY General Mobile Phone Cameras Parental Photography Copyright Photographs on the Web Digital Video on Websites Equality Issues Consent Useful Information... 5 Appendix Appendix Approved Policy, Partnership & Resources Committee - 20 March 2007

2 1 INTRODUCTION 1.1 Photography is subject to the Data Protection Act 1998 regarding the rights of individuals to have information of a personal nature treated in an appropriate manner, and the Human Rights Act 1998, protecting the privacy of individuals and families. As well as these statutory rights, restrictions on photography arise from issues of child protection and copyright in performances. 1.2 For the purpose of this Policy: photography includes photographic prints and transparencies, video film and digital imaging (including web cams); Parent means any person with parental responsibility or any adult with responsibility for a child on the occasion in question. In school is whenever and wherever pupils and young people are the responsibility of Education and Cultural Services staff; In the Community covers all other activities which are the responsibility of Council staff. 1.3 This Policy is intended to: facilitate photography for the business purposes of the council; respect the rights of the individual; safeguard child protection; allow personal family photography where possible; safeguard the Council and its staff. 2 PHOTOGRAPHY 2.1 GENERAL Photography can be carried out by authorised Council staff and other authorised agencies such as commercial photographers, the press and other media, for the following main purposes: enrolment and registration teaching and learning assessment staff development publicity and promotion identification and security recording of events The involvement of other agencies must be authorised by the Head Teacher, authorised officers of the Council or by Corporate Communications, Press and Media Section Any authorised photographer must agree to: ensure that written consent has been obtained from a parent; take appropriate measures to prevent unauthorised or unlawful processing of personal data, as well as against accidental loss, destruction of an image or personal data (including photographs); comply with the requirements of the Data Protection Act 1998; use a secure storage area if storing photographs electronically; 2

3 2.1.3 School handbooks should make it clear that the school recognises the issues of child protection and personal privacy and that a policy aimed at safeguarding pupils exists A member of staff should always be present when using a photographer Photographs must be annotated with the date on which they were taken and stored securely Photographs may not be used for any purposes other than those for which consent has been given Photographs taken for publicity and promotional purposes should be retained for a maximum of two years. Photographs contributing to the history of the Council, a school, or the community may be retained indefinitely. 2.2 MOBILE PHONE CAMERAS Mobile phone cameras may be used at the discretion of head teachers and under appropriate supervision to take photographs for the purposes of curricular work. The use of mobile phone cameras for all other purposes is prohibited in view of the risks inherent in such use, which include the existence and/or distribution of photographs contrary to the wishes, welfare and privacy of young people and adults. 2.3 PARENTAL PHOTOGRAPHY Where practical, arrangements should allow photographs to be taken by parents and other guests attending school sports, concerts and similar events. Parents are not required to comply with the Data Protection Act when taking photographs of their own children, for their private use, at an organised event Photography must not be allowed to upset the performance or smooth running of the event, affect the health and safety of pupils and others, or interfere with the opportunities for pupil participation Parental photography must not include any child whose parent has refused consent for any reason Commercial copyright in a dramatic performance or musical will normally exclude any audio or video recording by the public and in that event parents and their guests must be informed that the infringement of copyright is strictly forbidden. 2.4 COPYRIGHT Copyright and use of photographs must be carefully controlled by the Council, i.e. retained safely by the school, or issued to the pupil or adult concerned or safeguarded by an officer of the Council Parents and any subjects of photography should be made aware that, when class or group photographs are taken by a commercial agency, copyright is retained by the photographer The press and other media retain the copyright to their photography. 2.5 PHOTOGRAPHS ON THE WEB Children Where children are involved, the written consent of a parent is required Adults Permission must be sought for images to appear on the Council s internal and external websites The image file must be appropriately named, i.e. names in image filenames or Alt tags must not be used. 3

4 2.6 DIGITAL VIDEO ON WEBSITES Written consent must be obtained from all participants. 2.7 EQUALITY ISSUES The Council has a duty to tackle racial discrimination and to promote equality of opportunity and good race relations. Images should be balanced so that they represent diversity in the community, reflecting gender, race and disability Some people may have special requirements to help them understand and complete consent forms. Arrangements must be made to cater for anyone who requires information to be translated into a different language or supplied in other formats. 2.8 CONSENT In terms of the Data Protection Act 1998, the permission of all people, both children and adults, who will appear in a photograph, video or webcam image, must be obtained before the photography takes place Written consent must be obtained from a parent of a child Children in School A Consent Form should be included in the school registration pack sent to parents on enrolment of a child at school, to cover the period that the child will spend at that particular school. The consent form could accordingly be valid for up to 7 years Proforma Consent Form Appendix The Consent Form for Children in School concerns photography - to be used within the school in promotional literature, displays and publicity, including promotional videos which will be used in promotional literature, displays and publicity materials and on the school s or the Council s internal and external websites photography by the press when they are invited into schools to cover events celebrating success, and photography by parents at school plays, concerts, prizegivings and other performances or sports events, etc A parent must complete the form indicating whether or not they agree to their child s photograph being taken for the purposes detailed in the form Children in the Community - Written permission must be sought on each and every occasion photography is to be undertaken on behalf of the Council. Under no circumstances should photography be authorised unless written permission has been obtained Proforma Consent Form Appendix Council Staff Written consent must be obtained from any staff who may appear in photography Proforma Consent Form Appendix 2. Blanket consent may be obtained where they might appear on a number of different occasions, for example in schools Adults Written consent must be obtained from any adult who may appear in photography Proforma Consent Form Appendix The consent form must make clear for what purpose the photography might be used Photography by the press is exempt from the Data Protection Act. If the press are likely to attend an event involving children in school, parents should be informed. The Consent Form for Photography of Children in School covers such consent. 4

5 2.9 USEFUL INFORMATION More information is available on the superhighway safety website Customers with Special Requirements 5

6 Appendix 1 (Proforma Consent Form Children in School) CONSENT FORM PHOTOGRAPHY OF CHILDREN IN SCHOOL (Notes: (1) The consent given upon signature of this form will be valid for the entire period of the child s attendance at this school. A fresh form must be completed should a parent wish to change the consent given; (2) Photography includes film, video and digital imaging. (3) Parent means anyone with parental responsibility for a child, (4) This form relates to photography in school, that is, whenever and wherever pupils and young people are the responsibility of Education and Cultural Services Staff.) School: Name of Child: Taking photographs and video film of your child s successes and achievements has traditionally been an important family record of her/his development in school and also forms part of performance assessment in school. To comply with the Data Protection Act 1998, we need your permission before we take any images of your child. Section 1 Please indicate below whether or not you wish your child to be included in photography in connection with: Enrolment and registration Teaching and learning Assessment Staff development Publicity and promotion Identification and security Recording of events. Please the appropriate box: I AGREE to my child s photograph being taken for the purposes mentioned above I DO NOT AGREE to my child s photograph being taken for the purposes mentioned above. 6

7 Section 2 Please indicate below whether or not you wish your child to be included in photography in connection with: Promotional literature, displays and publicity and on the Council s intranet and/or internet sites. Any such photography will be destroyed within a period of two years; Photography by the press when they are invited into schools to cover events celebrating success; parental photography at school plays and concerts, prizegivings and other performances or at sports events. Please the appropriate box: I AGREE to my child s photograph being taken for the purposes mentioned above. I DO NOT AGREE to my child s photograph being taken for the purposes mentioned above. Commercial photographers normally visit schools once a year for class or group photographs. Parents will be advised when this is to take place. Copyright of these photographs is retained by the photographer. Parent s Name: (Block capitals please) Signature: Date: Note: Students over school leaving age may complete this form on their own behalf. 7

8 Appendix 2 Proforma Consent Form Photography In the Community PHOTOGRAPHY CONSENT FORM (Other than Photography of Children in Schools) This form must be completed by the participant of the photocall or, in the case of a child, their parent, and returned to.. I, (please insert full name, address and telephone contact number) hereby consent to a photograph of. (Insert myself or name of child as applicable) being taken on behalf of West Lothian Council on (Date of photocall) at (location of photocall). and to the said photography being held by West Lothian Council and used in its promotional literature, displays and publicity materials within two years. I further consent to said photography appearing on West Lothian Council s internal and external websites and to it being forwarded to the Council s community planning partners as appropriate (a list of community planning partners is noted at the foot of this form) Signature Date.. For office use only Please provide a brief description of each participant for a photo caption West Lothian Community Planning Partners: West Lothian Healthcare NHS Trust, Lothian Health, Lothian and Borders Police, Scottish Enterprise Edinburgh and Lothian, Communities Scotland, West Lothian Chamber of Commerce, West Lothian College, Scottish Water, Voluntary Action West Lothian, Association of Community Councils, Employment Services, Benefits Agency, Lothian and Borders Fire Brigade, Oatridge Agricultural College, West Lothian Leisure Ltd. Photography includes film, video and digital imaging. Parent, for this purpose, means any person with parental responsibility or any adult with responsibility for a child on the occasion in question. 8