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Parent I don't know has taken photo of my 5 yo &uploaded to vigilante group on Facebook

(96 Posts)
Mimitheminx4 Wed 08-Mar-17 20:35:37

Hi Mumsnet

Got a lovely knock at the door today around half four to find another Mum from school I barely know holding out her phone. On her phone is a picture of me and my 5 year old getting out of my Mums car in gridlocked traffic this morning. She explains that a group has been set up on Facebook for '******* schools inconsiderate drivers' and a photo of me and my little boy-with his face exposed-had been uploaded, with 19 comments attached to it. After some parents have kindly pointed this out, the picture has been reposted with his face and a circle in front of it. The caption is still the same 'another drop and runner on the zig-zags.'

We live in a super busy city. I don't drive. My husband is a plum and took the pushchair to work this morning. It was pouring with rain and I had to get my baby, toddler and little boy on the way to school in time. My mum offered to help. The traffic is gridlocked. I hop out of the car outside of the school as the cars were stuck in traffic on the slim roads, on the zig zag. There is cars stuck in front of my mum, all with brake lights on, there is also a line of traffic the other way at a standstill. My mum, could not move. I seized this opportunity, didn't think anything of it and ran him into school as the caretaker wished us good morning.

I relay this story to the admin on this page, and demand they take down our photo-the photo clearly shows the traffic/brake lights. I also relay I know they have already had my little boys face up unconcealed and I would be seeking legal advice. Here, the woman and man who run the page mock me, and tell me he is a photographer and can share any photo of my little boy he likes and I am making myself look stupid. I reiterate that I want them to remove the photo. I am polite, yet I am banned from the group and my comments are deleted leaving my face and photo up and no right to reply.
I alert other parents to the people who have taken the photos and they all report the photo to facebook,. The admin say they removed me from the group as I didn't say anything 'meaningful'. After much backlash from other parents they finally remove it at 7 pm, saying they have done so to 'keep the group civil'. Meanwhile school send out a parentmail to say they have reported it to police as many parents and pupils upset but they can't do anything and we need to report to police. I am the only person in the photos. I feel embarassed. I have reported names to police, and they advise school needs to be involved and to seek legal advice too. I am slightly worried about headteacher as she makes me feel five myself, despite the fact I am 32 but will go in tomorrow. I cannot find anything legally but I am sure it is not right that other parents are allowed to take photos of my 5 year and use them in a facebook group to 'name and shame' as they call it? I am getting watsapp messages from other parents now, who when challenge what they are doing/have done are having personal pictures from their facebook shared! This cannot be right, surely! I understand that people shouldnt park on zig-zags and am all for safety but it was gridlocked traffic and shouldn't be my little boy/me being the poster for it!?

AgentProvocateur Wed 08-Mar-17 20:49:57

Anyone can take a photo of anyone and use it how they like (although if it's for commercial purposes, they should get a signed model release form). It would be good practice to ask permission to use a picture on social media, and good practice to remove it when asked. The photo copyright rests with the photographer. No law has been broken.

picklemepopcorn Wed 08-Mar-17 20:51:28

IT sounds as though the real people involved- other parents, head teacher, police- are being supportive.

School parking is a nightmare, and people do get very angry about it.

Mimitheminx4 Wed 08-Mar-17 20:55:44

I understand their campaign, I am more concerned that they are taking photos of children at school gates and publishing them on facebook without consent? Would you not if you are/were a parent?! The roads in our area are single so one lane of traffic but they allow cars to go in both directions which means gridlocks and traffic jams happen all the time. My mum got stuck on this as there was literally nowhere to go.
Police were sympathetic and have advised to take legal action. I wasn't even driving so I feel it is very unfair.

SavoyCabbage Wed 08-Mar-17 21:01:31

I'd just ignore it if I found out I was on a ridiculous website like this. At least outwardly! You could report the photo the Facebook.

Everyone has a story about why they have parked badly in these situations. Missing pushchairs, mothers, rain etc. Your best answer to why you did it is probably to say that you are sorry.

RebelRogue Wed 08-Mar-17 21:34:08

I'd have an issue as some kids might be in care,removed from parents,running (with their parent) away from the other abusive parent etc. If it identifies the school and the location it's pretty fucking dumb and stupid to post pics of kids whose background you don't know.

picklemepopcorn Wed 08-Mar-17 22:33:26

It isn't acceptable to use photos in that way, no. Tensions do run high.

We have a voluntary one way system around our school. It's been revolutionary. It can't be enforced, but it works so much better than the previous chaos people are happy to conform.

Mumoftwoandover Wed 05-Apr-17 12:08:42

I understand his point on pointing out the dangers people parking wrongly in front of schools etc but is so wring to do this exposing people's faces.
If he is really a professional photographer I am SUPPOSING he must be registered with the ICO (Information commissioners office) which he is entirely responsible for the pictures he is taking not being allowed to expose in any sort of social media pictures unauthorised, Specially from children.

I would be really pxxxxoff if it was wih me and my children too. I might be on the wrong but he is even more.

Go after his name, check with ICO and sue him.

Oooblimey Sun 11-Jun-17 01:59:20

I get why you're annoyed but they haven't done anything illegal. The picture has been removed. Expecting the police to do something is a massive waste of their time.

Riderontheswarm Sun 11-Jun-17 02:15:42

You should not add to the traffic issues around the school gates. You should park away.

BoomBoomsCousin Sun 11-Jun-17 07:16:39

There is nothing criminal about taking a photo of someone in public and posting it to a social media website. There are plenty of situations when it is inadviseable or a mean or unkind thing to do. There are some situations where a photo could be part of what creates a civil liability (if it was used to slander you for instance). But no one needs permission to look at or take photos of someone (whatever the subject's age) in public, nor to publish those photos on social media (or in the press).

Freddystarshamster Sun 11-Jun-17 07:25:34

You went to the police about this? The actual police? A short search on Google could have shown you that they hadn't broke any criminal law hmm

Firenight Sun 11-Jun-17 07:35:05

It's not very nic of them but not illegal. Maybe it's time to work with the school to agree a drop off zone or procedure?

IAmNotAUserNumber Sun 11-Jun-17 07:41:55

There is some misinformation here.
Yes, an individual can take photos of other people, and copyright in that image will belong to the photographer, not the subject of the photo.
However that does NOT mean the photographer can do whatever he wants with the photo.
Under the Data Protection Act 1998 he is processing your aon's personal data (his image) by posting it on social media. (Your son's name doesn't have to be included, it is clear he is identifiable from his image alone.) because he is processing personal data he must do so in line with the DPA. it sounds like the photographer is in breach of the DPA, not least because he is misrepresenting you/your sons as illegal parkers.
Also, the photographer is in breach of your family's right to a private life. This is likely to trump his right to freedom of expression, because he has misrepresented your situation.
Finally, he is alleging that the driver is an illegal Parker - which is libel/defamation.
I suggest you refer to the Information Commissioners Office who oversee DPA. (It doesn't matter whether this is a commercial photographer or not) but hopefully before that you can sort the situation via Facebook or the HT.

Catminion Sun 11-Jun-17 07:43:50

So these are other parents at the school who have taken it upon themselves to police the school drop off or are they pissed off neighbours?

Either way perhaps the school should be more pro-active in dealing with a drop off problem and discourage nasty Facebook groups"- though th time and effort put into it sounds like it has been a problem for sometime.

Mummyoflittledragon Sun 11-Jun-17 08:02:09

IAmNot

Thank you for that explanation. As it answers my question about it being legal to tell an individual you do not want pics of your child shared on social media. It is also legal to demand an individual to take any photos down so I'm struggling to see the difference. I'm glad someone knows the law.

Iris65 Sun 11-Jun-17 08:02:18

Exactly how does a school deal with a 'drop off problem'? The school I work at has terrible problems and the way some parents behave is outrageous and incredibly dangerous. Letter after letter has gone out, police have attended, traffic wardens regularly appear and still it goes on.

BeyondThePage Sun 11-Jun-17 08:04:01

Dropping off on zigzags is not allowed (loading and unloading) So you were in the wrong.

If you were not on the zigzags when dropping then you would have more of an argument.

lljkk Sun 11-Jun-17 08:07:26

concerned that they are taking photos of children at school gates and publishing them on facebook without consent? Would you not if you are/were a parent?!

Since you asked... I would not be bothered about my image or my child's image being used. (or my child being recognisable). That's a whole level of paranoia I refuse to embrace.

I would be pissed off about MY PARKING being named & shamed. But I might suck it up, nonetheless. Making a fuss would only publicise my bad.

StoorieHoose Sun 11-Jun-17 08:10:04

She wasn't driving so didn't drop off. She got out a stationary vehicle which was stuck on traffic with her son!

biginjapan Sun 11-Jun-17 08:14:03

This happens all the time. Our town has various fb pages naming and shaming and showing crap parking. I'm a bit uncomfortable but can't get too vexed about it.

hopsalong Sun 11-Jun-17 08:17:42

I don't understand what you're supposed to have done wrong. If your mum was driving, what was the crime? Presumably she would just have driven off if you hadn't got back in time and you would have had to suck it up/ meet her further down the road/ get a bus.

Was the problem supposed to be that it was dangerous for the child to be getting out in traffic? That might be a possibility (just as passengers sometimes get out of cabs in dangerous places), but that's different from "inconsiderate driving", surely?

SuburbanRhonda Sun 11-Jun-17 08:18:12

That's a whole level of paranoia I refuse to embrace.

It is not paranoia if you're fleeing domestic abuse or your child's safety would be at risk if they were identified.

How ignorant.

lljkk Sun 11-Jun-17 08:19:19

(my bad: I shouldn't have said OP's parking was the problem).
Her mum wasn't supposed to drop & run on the zigzags, though.
Drop-off must have been very close to the school to be captured, so where were they planning to park or drop off, if not in front of school?

Our parents are encouraged to park 5 minutes walk away. OP/her mum chose not to do that.

Our school, Even if it's hailing, you can't park closer than 2-3 minutes walk away. Maybe the ONLY approach to get to any parking within 10 minutes of OP's school requires driving right by the zigzags in front of school before you can reach that only-available parking. That seems to be OP's defence.

lljkk Sun 11-Jun-17 08:20:37

Xpost: Surburban, Did OP say she had fled a domestic abuse relationship or that her child was at risk of abduction?

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