CM says she can no longer take photos?

[ApuskiDusky]

Hi,

Our childminder has always taken quite a lot of photos of our ds when in her care - some of which she uses to demonstrate what she has been doing for OFSTED inspections; she sends all of them to us (and has put together a DVD of photos as a Christmas present in the past).

She has said today that she has to stop taking photos, other than ones she will use for OFSTED, as otherwise she has to pay some kind of fee to the NCMA? A new child protection scheme? So she can no longer send us any photos.

Have you heard about this, and is my CM's interpretation of this correct?

TIA

If she is taking ANY photos she needs to register with the Information Commissioners Office it's £35

NCMA say "If, in your work as a childminder, you store personal details about other people on your computer or any digital format (including smartphones and photos on digital cameras), you will probably need to notify the Information Commissioner's Office (ICO) that you are a "data controller" for data protection purposes. "

So just doing them for OFSTED still means she will have to register

Unless there is something new I know nothing about

Fucking hell - it's no wonder CM's are giving it up. It is absolutely bloody ridiculous.

Ummm, yes probably

We are required by law to make observations

A good way of making observations is by photos

If you take photos; you pay a £35 tax

So it's a tax on being a childminder

(I do like my logic; however inaccurate it might be )

What has the ICO said about it? I would imagine it would be hard to enforce.

What about mobile phone networks, internet service providers, internet hosts... are they paying? They all transmit photo data - so are holding photos in digital form for a period of time (even if just for milliseconds).

How about the NCMA get some balls and demand the ICO add in a clause that stops childminders having to pay the fee. That's what I feel a membership organisation should be doing - they should be campaigning to get that sort of stealth tax stopped. Just my view.

Thanks KatyMac, I'll pass that on and see if that's what she meant.

TBH I'd sooner pay it for her and still get the photos.

Just a thought, if she printed them out and then deleted them, she'd not be "storing" information. Is this a way round it?

Info from ICO
"A small group of pupils are photographed during a science lesson and the photo is to be used in the school prospectus. This will be personal data but will not breach the Act as long as the children and/or their guardians are aware this is happening and the context in which the photo will be used."

Sounds like that could be adapted for childminders... such that the photo does not get stored alongside child identifying information.

NCMA

BTW the ICO category the ICO have childminders down as, was wrong when I registered; you need to add the education section otherwise it's wrong anyway

the NCMA caved a while back and agreed that CMs need to register with the ICO

X post nannynick. I have to say that no company I have ever worked for has seemed to properly fulfil their obligations under data protection, with no ill effects, so why the ICO would be interested in childminders I have no idea.

Yep & they also give out wrong info about 8 seater cars/vans but won't change it

Alternatively, she could be using your camera, on your behalf.....

even if you take pix on your digi camera, print off on your pogo and then delete you still have to reg

so so annoying

Could she use an old-fashioned film camera?

Like Maureen's idea, too.

There are no film cameras out there

I'm sure there are, Ripeberry; they stopped making the film for instant photos, but there's plenty of bog-standard 35mm cameras (and film) out there.

They are also adding in rules about Website Cookies - so that will see an end to websites then! ha. Just host it abroad.

Grrr, what part of 'she has my written permission' isn't enough?!

Liking the idea of giving her a camera, we have an old digital one knocking about.

Or you could provide a storage card (SD or whatever) for her camera?

what the jeff is going on? This surely can't be right. This sort of thing will turn me into a daily mail reader one day

Oh god I'd best go down the cop shop and hand myself in then - not only do I take loads of photos,put them on CDs for parents and even (with parents signed permission) have a few on my website, but there are two pics of me and my charges in this months childcare magazine! And they have just asked if they can come round to my house and take some more pics (all with parental permission)

Obviously the parnets do not know their own minds and I must hang my head in shame as I take myslef off to the clink...

Oh god I'd best go down the cop shop and hand myself in then - not only do I take loads of photos,put them on CDs for parents and even (with parents signed permission) have a few on my website, but there are two pics of me and my charges in this months childcare magazine! And they have just asked if they can come round to my house and take some more pics (all with parental permission)

Obviously the parents do not know their own minds and I must hang my head in shame as I take myslef off to the clink...

obviously cannot work buttons either ...

Yet another reason why I am bloody glad I'm not a CM anymore! How you CM's keep going with all this shit, is beyond me.