Pissed off with teacher filming DD. What to do?

[AnInchWasPinched]

We signed a form last year stating photos were allowed but films were not unless prior agreement with us.

We did this because DS has SN and we didn't want potentially for his classmates to get hold of films used in class and spread them etc. There was no mention of what they would do with the films, when they would delete them, where they would be used, who would have access to them etc and when I queried it with the head, he'd not thought of this issue. We didn't do a blanket ban as DS has physical issues which make it hard for him to write so if they gave a choice between a video or poster presentation further up the school we didn't want him to not have a choice.

Felt we had to put the same for DD.

Last night, parents information evening. Two videos of DD shown.

We have had major issues with this teacher and the treatment of our DS. But I'm itching to say something because she got her DH to come in a photograph and video the kids for the day, but she's not allowed to video DD! DH reckons it will only antagonise her and you can't reason with people like her and it could affect how she treats DD. She would happily make a point of singling a child out rather than e.g. making her stand at the edge of the group and just not filming the children at the edge of the group.

I don't know what to do. I don't feel she should get away with it, what if she happens to film DS (fortunately no longer in her class) at some point too? On the other hand DH has a very valid point.

the school allow parents to film and take photographs in performances /assemblies etc.
The teacher said, at the same parents evening, that we are allowed to film or take photos of our child for personal use but if there are any other identifiable children in the photos/videos and we publish them then we are liable to prosecution.

I am not actually sure if that is true/enforceable, I would have thought in that case everyone would have had to sign a declaration to this effect.

AnInch

Apologies, I thought you were being right entitled

There's a girl in my dd class who can't be photographed or filmed at all as she is adopted and under protection. They do lots of filming photo's and produce a huge brochure with children's statements etc.

I can understand why you don't want your child filmed and as I said before school are out of order with this.
I'm sure if other schools like my dd school can get it together then you should be confident that yours can.

I still don't understand why you don't want her to be filmed.

Does she know she can't be filmed ? I've taught kids who aren't aware and then get upset when they can't be involved,

There are lots of reasons why parents refuse permission to photograph or film their children. The point is that it is a choice parents have that schools are required to adhere to. The school are aware of her wishes. The school have messed up here and need to review their procedures. It is not a difficult situation to manage or address.

Dd knows I don't allow her to be filmed and now at 14 she wouldn't want to be either but it is done in such a way that it isn't obvious to her classmates so I wouldn't think it is that difficult to do. Seating plans and camera angles can all be adjusted and dd would leave with her TA if necessary.

It's interesting the responses from some parents and teachers on here with clearly only a limited understanding of DPA legislation.

The school still has to comply with the law regarding obtaining consent. If their current software isn't flexible enough to record specific requests, then they will have to find an alternative solution to stay within the law.

Loveluck7 You are massively overreacting and causing unnecessary problems for the teachers. If your DD appears in a few group videos it is not going to have an impact on her whatsoever.

Motive is irrelevant.
You do realise that the law doesn't require the OP to provide any reason for refusing consent. S/he could have tossed a coin to decide yay or nay to photos. The school has to comply. End of.

FatBettyintheCoop

In most cases it won't be the software at fault it will be either, the person that put in the data or the one that read (or didn't read) the data for the task.

The school has to comply. End of.

But that doesn't stop people making errors.

I agree with notevilstepmother .. massive safeguarding issue to say the least. And it should definately be raised with the head WGAF if it antagonises her ? She should never treat ur DD any different

I haven't RTFT, but this is something DH and I really wouldn't like. Our 2 DDs are adopted and we would definitely be concerned that this video might be distributed. I would also be concerned with the motivation for the video being recorded - just why?

I would have expected to have been asked to sign a consent form and a letter explaining the reason for the recording.

Unicorn I can't trust her not to. What she should do and what she does are very different in my book. It's exactly what she did do to my DS because he has SN.

The video was to show in parents' evening. But she also showed a video of children from 4 years ago so I can't be sure it's exclusively for this parents evening.

But that's not the point. I probably wouldn't have thought twice about it. But the they sent out the forms and we did think about it. And we made a decision. And now the school went against it. Another breach of trust from this teacher.

I would also be concerned with the motivation for the video being recorded - just why?

What on earth are you implying here? When DS was younger, his school made a gorgeous video of the choir singing in the local cathedral, which I can still watch now.

I don't watch it thinking: God, this is so concerning that they want to film this; they must have some nefarious motive.

How old is your DS now TheOnly? Would he be happy with it being on youtube?

But she also showed a video of children from 4 years ago so I can't be sure it's exclusively for this parents evening.
With the best will in the world that's not your problem. They are well within their rights to use videos of students at parents evenings. We have videos of our y13s when they started in y7.

Your issue is that you stated 'no filming' and your child is the the frames of a video which has been shared.

That's it. Deal with that by speaking to whoever you need to in school about it

Always best sticking to the actual issue rather than whipping up all kinds of 'but they showed a video from 4 years ago', 'i bet the teacher would single the child out when they pull them from photos/videos instead on not filming any child who is near mine' etc. Bringing up all kinds of other stuff comes across like you're more interested in building a case against the teacher than dealing with the very reasonable issue of your child being filmed when you said not to.

14, and I don't think he'd care. One of a number of kids in the choir; not identified by name; not doing anything embarrassing.

Theonly my dd is also 14 and has autism and sometimes, in times of stress (and school for her is hugely stressful) her mannerisms can be "odd" and she is quick to cry. I don't want that caught on camera for other people to scrutinise, comment or mock. I don't film her or take her photo without her express permission and I definitely don't post any photos or videos of her on social media.
I have not given permission for school to film or photograph dd and so I expect that they abide by that at all times.I would be livid to see her on camera being shown to other parents against my wishes.
Dd is pretty vulnerable and a natural "target" so I will do what I have to do to protect her tbh.

BoneyBackJefferson

Yes, of course employees make errors regarding data entry but regardless of causation, it means that the school is still at fault and liable to investigation by the ICO.
I think it's rather worrying from the posts on this thread, that some front line teaching staff lack essential knowledge of their responsibilities within this area of the law.

I asked the head about the last situation Maisy and he said he couldn't rule it out as they are including more and more media in classes now due to the ever increasing use of technology.

OP: you may wish to point the head and the governers at both the current Data Protection Act and more critical the incoming GDPR legislation which takes force in May.

He is currently in breach of both. At the very least he needs a clear and documented process for managing the data and parents need to be able to change their mind and exercise the right to be forgotten on behalf of their children.

If they don't respond to parental concern, perhaps they will respond to threat of law.

Yes, that true Maisy but I meant it more in a if they had only showed videos of children currently in the class then I would just assume that for the next parents evening they would take new videos of the new class. But this shows they're not averse to showing videos of children from a few years ago i.e. Irrelevant to the current class and keeping the videos.

I spoke to another mum and her son is not allowed to he photographed for external publications. And yet every issue of the school magazine (which is distributed to every household in the town) since he has started has had a fully recognisable photo of him in it

And yes, to whoever asked, they are both aware they're not allowed to be filmed.

I spoke to the teacher on Friday morning to tell her DD was going home with a friend. And then said ummmm, just to remind you, DD isn't actually allowed to be filmed.
Silence. Followed by "I had completely forgotten about that. Was she in the films?"
I said yes and explained. She said again that last year when it came in last year she was very conscientious about it but that this year she had completely forgotten that they have to have permission for photos and videos. And said she will delete them.

That's good and it's natural for people to relax about these things.
Let's hope she's more careful in future.