AIBU to be upset! GDPR and Childcare

[Silentnight2017]

Can someone clear something up for me.

I thought with permission of the parents of other children, or within 'legitimate' limits, your childcare setting can share photos/videos of your child which contain other children's faces from the same setting.

Since all this GDPR regulations, my childcare setting is very strict. Unless the faces of other children are obscured, they do not share pictures containing other children, which is fair if the other parents have not given permission.

They showed me an image during a meeting, which was really sweet as I had not seen my child be so animated about something. I asked them could they send it to me. Was fine at the time but a few days later said no, as it contained another child, facing the camera, albeit for a few seconds. I asked them could they ask the other child's parents permission to share it with me and said that I give permission for them to be shown my LO's image etc. Actually, I in fact do not mind if there share pictures when my LO is included in the photo etc - I personally think it is quite nice, as then you see the interaction etc. BUT of course, I understand that perhaps the other parent may have expressly said no.

A few days later, I asked whether they had asked the other parent about the video. They replied saying that they do not feel comfortable about sharing videos and so did not ask the other parent and has since deleted the videos and pictures from their phone and all the relevant and saved pictures are as uploaded on our shared portal.

I love the childcare setting and hey also looked after my older children. But am I being really unreasonable to feel quite upset about this??

I spoke to the GDPR last week and they said at the time that sharing should not be an issue as it was within 'legitimate' boundaries and it was within the right boundaries for me to ask for the child setting to ask the other parent for permission to share the file with me. And actually I had a right to the image and the child setting has a month to blur out the other child's face...if the other parents said no, we could blur out the face but to not even ask??

I am of course a bit confused by the whole thing as of course at school and clubs, we do sign something where we can say whether we give or do not give consent about pictures being share etc. Surely we can do the same here and of course, if the other parents do not consent, then faces etc can be blurred out?

It's a lot for the childcare setting to do for the sake of a video. It was nice of them to show you, you got the benefit of that. Leave it be, it's not the most important thing in the world.

I work in a private day nursery and GDPR permits us to upload images and videos to children’s learning journals with permission of the parent of any other children.

I imagine they're not just looking at that case, but thinking of the bigger picture. It's a lot of work for them to do for one video for one child, and the downside risk of sharing a video without the correct permissions is high.

You saw the lovely video of your DC enjoying the activity. That's great! Everything doesn't need to be recorded permanently.

They have that way way out of context!

That's the problem with common sense laws. People who want to be can scare usually sensible people and organisations into acting very, very strangely.

You say you spoke to "the GDPR" did you mean the Information COmmissioners Office, ICO? They would laugh at tthe nursery and tell them that they are ignoring vast swathes of GDPR and risking their relationship with their customers. Yes, they could ask, a blanket request, and then share any/all pictures and videos as appropriate!

The only way that their response would be appropriate is if the other parent said no (they may have a very good reason for doing so) so the nursery would be acting correcly and, in not telling you that the other parent had said no, maintaining confidentiality - unless of course you make the assumption I did - in which case they fucked up in ever having said pictures and videos in the first place!

It's easy to see why many organisations just give up and have a no pictures policy, can't you!?

YABU. They have a clear policy and are sticking to that. If they ask for you, they have to ask the next time you ask, and the next time anybody asks.

"they replied saying that they do not feel comfortable about sharing videos and so did not ask the other parent and has since deleted the videos and pictures from their phone and all the relevant and saved pictures are as uploaded on our shared portal."

so they are not citing GDPR anyway.

if they don't want to do all the work involved in these cans of worms, I don't blame them - it's too much hassle.

Why should the childcare providers have to spend time (time they should be spending working with the child) blurring out faces in videos? If they do it for you they will have to do it for everyone so the end result will be that they simply don’t take videos. They showed you the video, be happy with that.

It is a very small setting - maybe I would have been better if they had asked and the parent said no, but to not ask anyways....

Yes I spoke to the ICO people directly last week.

I love the child setting but all these rules and regulations now, though for good reason they are there, are abit confusing. Also when my older children were there, I am used to seeing very cute pictures of all the children playing.

And of course, I understand if the other parents have given express decision to say no to sharing pictures of their child with other children etc and laws have changed vastly over the last few years.

I work in a private day nursery and GDPR permits us to upload images and videos to children’s learning journals with permission of the parent of any other children. Which is how it shoud be.

Just thought the other child might be looked after and under stricter privacy regs than the other children which is why they couldn't give you the video but also can't give you an honest reason why, hence the BS GDPR excuse.

Might easily be a looked after child. In whole case (GDPR or no) they would be right to be circumspect about giving you an unblurred photo.
And this sort of thing was in place before GPPT.

I understand if the other parent said no, but the child care setting stated that they didn't even ask and have now deleted the video.

This is why I am more upset. The reason I wanted the video was more than memories sake, but would have understood if parent said no even though the other child was in it for not more than a few seconds.

Like with schools, I thought it would be easier to ask at the beginning if the parents give or don't give permission for photos to be shared. Thought this may be easier in a shared activity etc. But obviously, every parent has the right to not give permission. Like they do with schools etc.

Let it go. It's a ton of hassle and work for them for zero reward. They can make a policy not to do stuff even if GDPR allows it. You saw the video, yay. Let the upset go.

It's not just about parents' permission though. It's a safeguarding issue. Some children have protected identities/locations, and once people outside of the setting have possession of images and videos, the setting then do not have control over where those images are shown. They cannot bend the rules for anyone, because the potential consequences of it going wrong could be disastrous.

I had my child in childcare for some time and I said I didn’t mind the sharing, but to be honest now she is a bit older I do mind.
It must be a right hassle for nurseries, every time someone wants a photo or a video, to have to go through checking which other children are in it and what their parents have said. Far easier to have this sort of policy.

I understand if the other parent said no, but the child care setting stated that they didn't even ask and have now deleted the video. I'll say it again, more plainly.

It is not impossible that the other child should not have been pictured in the first place, that the nurserly made a mistake, permission had already been withheld. In which case their response, to NOT tell you this but to make up a scenario they felt hid that fact, is entirely correct.

You don't know, will never know.

Ok - thanks everyone. Most importantly I was and am still confused as some childcare settings do share and others choose not to share. Guess it is the nature of this grey area.

Your childcare provider has misunderstood the GDPR. They are being far too cautious. My childcare shares images with parents regularly.

It’s just the way different people choose to do business, OP. Probably more about not having to do different things for different kids than safeguarding. Well, in a way, because doing the same for everyone makes errors less likely.

If they checked the other child's file and realised the parents objected to sharing pics, etc, then they wouldn't need to ask again. Equally if they did ask and the other parents said no, they might have thought you would have moved on to ask/lobby the other parents. Saying they've deleted the content is the easiest way to bring this to an end for them.

It's a lot of work for them to do for one video for one child

One email to the other parent? I don't think so, really.

I'd much prefer the staff to y'know, DO things with and look after my child than spend time looking through videos and pictures, blurring out faces then chasing parents for permission

Let it go.

Isatis

It’s hardly any work at all when you do it once, for one parent. Then that parent tells someone and you do it again. Before you know it you’re spending time on it every day and it has become the de facto policy.

I just thought it would be easier to get a blanket permission at the beginning like with schools etc...especially with group activities, it is harder to take pictures of one child and block out the others. Then the those who don't agree with sharing, this is clear from the start.

Of course like others said, maybe the parent did expressly say no to their child's image being shared..who knows??!

I know with bigger settings and even with my older children, we have lots of group pictures which was lovely for Xmas etc.