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Original poster

Photos of child on Internet (Long one)

29 replies

CleanKittyCat · 01/10/2004 19:44

Last year my daughter was 7 she was in a show with a local stage school. She played a little girl going to bed about to be told a story and later she was a dwarf (the story was snow white) A few weeks ago I discovered a website for this stage school and found a photograph of my daughter in her pyjamas with her full name above it, displayed for all and sundry to see. THere was also about another 100 photos of children (the rest of the cast)aged up to 11 years old onthis web site. I contacted teh head of the school and she informed me that she wasn't doing anything wrong as the photos were taken in a public place. I went to the police and they told me that this was right as it was a commercial webs ite fo the school I couldn't do anything about it. Has anyone any advice?

OP posts:
popsycal · 01/10/2004 19:46

Eeeek
a tricky one
the general rule of thumb is that if a name of a child is posted then their picture isnt and vice versa.

Don't know what the legal position is but that tends to be accepted as protocol....

popsycal · 01/10/2004 19:46

also as a school we always ask for written parental permission to publish a name or a photo before we do it.....standard practice in schools...

lou33 · 01/10/2004 19:50

Agree with Popsy. The schools my children attend ask for written permission to publish photos of the children, but always without their names. I wouldn't be too happy either

unicorn · 01/10/2004 19:50

Did you sign a form to the stage school when she first started which gave consent to photo's(they usually ask for that)

I personally would be extremely annoyed
and would take my child out of that school- and inform the other parents.

photo's are bad enough but giving details of your dd is well out of order.

KangaMummy · 01/10/2004 19:52

I don't understand why they didn't give you a form to give permission to have your childs photo on internet. All of DS activities drama and swimming and fencing we ahve said NO to publicity photos.

I thought it was the law to get written permission beforehand.

Slink · 01/10/2004 19:54

Tell them to take your dd's photo off you are not happy i definatley wouldn't be, are ohter parents aware their children are on this site????

GeorginaA · 01/10/2004 19:56

Public place photography does come under different rules as far as I am aware (i.e. out in the street, etc), but I'm not sure a school counts as a public place - wouldn't it count as on school property?

If you have free legal advice with your home insurance or a credit card it might be worth checking that out (as to what constitutes a public place) and if it doesn't then you'd need to draft a letter officially asking them to remove the photo, then if that doesn't work you should contact the ISP of their website who should then take action to remove the photo.

coppertop · 01/10/2004 19:56

Would the Data Protection Act cover this? I run a newsletter group and have to have written permission to even store their names and addresses on my computer.

Ds1's school would never print the names of the children with photos of them.

KangaMummy · 01/10/2004 19:58

I have just found DS fencing club letter for this new term it came with a medical update form which we get each year. it says

PLEASE ENSURE THAT YOU COMPLETE THE SMALL BLUE BOX UNDER THE HEADING OF CHILD PROTECTION.
WE ARE REQUIRED BY LAW TO SEEK YOUR PERMISSION BEFORE TAKING IMAGES OF YOUR CHILD AT CLUB SESSIONS OR COMPETITIONS

We always say we do NOT want DS images taken although they are only used while he is a member of the club.

But I think the problem is that itwas in a public area or show so am not sure if it is the same

How about asking citizens advice bureaux?

HTH

GeorginaA · 01/10/2004 19:58

coppertop, I don't think the Data Protection Act would cover it as I believe it doesn't cover information thought to be in the public domain anyway (so a database of just names wouldn't be covered but a database of names & addresses would). Could be wrong though.

stickynote · 01/10/2004 20:01

I'm really going to show my ignorance here but why shouldn't a child's name be published with their picture?

Hulababy · 01/10/2004 20:02

sticynote - it is because a child could be identified by anyone if they do that. So, for example, the name and address of the school are there, someone notes it and then notes down names of children at school. They can then try and talk to these children at the school gates, knowing the child's name makes the child less wary.

stickynote · 01/10/2004 20:22

So my ds really shouldn't have had his photo in the local paper, dressed in his school uniform with his name underneath?

GeorginaA · 01/10/2004 20:25

stickynote: I wouldn't worry, really I wouldn't. Just make sure (just as everyone should) that kids know that just because a stranger knows their name doesn't mean they should be trusted.

Besides, it's nice to have paper cuttings to keep for when they're older to say "look, you did that!"

stickynote · 01/10/2004 20:27

I feel incredibly naive.

popsycal · 01/10/2004 20:28

I think the key thing with the internet is the immediate access to a huge section of the public - as well as the 'stranger danger' aspect

edam · 01/10/2004 20:32

Data protection act does cover lists of names. I used to work for a large organisation that had databases of subscribers, just names and addresses, and we used to get regular requests under DPA from people who wanted to check what information we held. You could contact the Office of the Information Commissioner (person responsible for DPA) to find out more.
It's a tricky area, I know lots of editors are fed up to the back teeth with officialdom overreacting and trying to stop the normal, lovely pics of school celebrations in the local paper. And since it's a stage school and the children have appeared in public performances, I can see why the photos and names are there. Many of the parents would welcome it, I imagine, if they want their children to get work on stage or in film or TV. But I can see a pic of a child in her pyjamas might make some parents feel uneasy.
Do contact the Information Commissioner, and if you feel strongly about this, you could consider approaching the school's ISP, if you know who this is.

Rowlers · 01/10/2004 20:42

I know that in my school a couple of years ago we changed our policy on publishing photos of pupils. We now must get written permission from parents but I don't think we publish names, just pictures (for the school website for example). My memory is hazy as it was just one of thousands of notes I have to read each day and as I never publish photos, I didn't really take a huge amount of notice. I am 90% certain however, that this change came about for legal reasons.
Whatever the legal position, could you just ask them to remove your dd's name and / or photo? If they refuse, they are surely just being bloody-minded. I would think it would be easy to do.

GeorginaA · 01/10/2004 20:44

Yes edam - that's because you had addresses that were connected to the names.

If you just had a list of names without any other connecting information that would not apply (not that many people have that sort of list, simply because it's not actually that useful!).

Stickynote: really, it's one of those risks that is highly overstated. Your child is still (unfortunately) far more at risk from someone they know. Yes, by all means, take reasonable precautions such as educating your child about stranger danger, but I think it's such a shame if we restrict our lives to such that we can't enjoy and celebrate our child's achievement in a local paper.

Tortington · 01/10/2004 21:35

i would get legal advice ifi was you - sure start always ask permission to publish photos of children as to we ( housing association) the thing is how the hell do they know if you are fleeing domestic violence or anything?

there are good practice guidelines which most organisations use - am sure this could be a legal argument

Chandra · 01/10/2004 21:57

I'm sorry, probably I'm naive, but wouldn't it be enough to ask them to remove the photo from the website? going to the police???? no intention to offend you, but I believe you are overdoing it.

Original poster
CleanKittyCat · 02/10/2004 18:44

I did ask for the photo to be removed and was told that it would be but so far nothing has happened. It has been about 3 weeks now.

As for going too far??

Yes I'm offended this is a photo of my Daughter in her NIGHTWEAR!! not just street clothes.

OP posts:
Chandra · 02/10/2004 20:06

Yes... but you authorised her to participate in a public presentation wearing his pijamas, haven't you? Sorry we disagree about these matters.

PS> By the way, I don't think there's nothing sordid about wearing pijamas...

Original poster
CleanKittyCat · 03/10/2004 08:51

You appear to have missed the point completely. The point is that someone can publish photographs of our children over the internet without our consent, because they are taken in a public place. So does this mean that anyone can stand int he sstreet an photograph a child in thier bedroom or playing in thier back garden? They are in a public place after all?

She was on stage for 30 seconds in her PJ's then she went off to change into a different costume. She was in a private showing, one time only to only parents of the cast. This I OKed I never authorised any photograph of her to be taken let alone be displayed over the internet. This was done without any form of consent or of any photos to be taken of her.

I spent more than 18 hours searching for legal information or advice the police was my last port of call so DON'T YOU DARE TELL ME WHAT I DID WAS WRONG I am a responsible caring parent not someone who wants perverts drooling over my seven year old.

OP posts:
Hulababy · 03/10/2004 09:05

I have o idea what the law is but you could try a more heavy handed approach witht he school - write them a letter asking them to remove the photo within xx days (keep it reasonable)or you will be seeking legal advice. Might be enough to push them.