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

[Mimitheminx4]

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!?

I agree with Hod It's the anger at being named and shamed that is probably causing your over reaction.

I really think it's a storm in a teacup. Not many parents would be interested in a closed FB group moaning about the school parking.

However, now you have surrounded it in such drama that you've inadvertently advertised it to everyone and made it The Topic of Conversation at the school gates.

I think it would be wasting police time to involve them and they really wouldn't be interested, although I suppose they could issue a parking ticket for illegal parking.

The photograph has not been shared publicly - it has been shared in a private group on Facebook, with people who could have seen events as they happened Therefore, it is not a breach of data protection. Anyone in that group could have seen the child exiting the car.

The image has not been used to enhance an individual or a business; consent is not needed.

The attitude stinks - and clearly there is a huge issue with school parking (as with a lot of schools).

IAmNotAUserNumber That's circulating contact information that may not be open, could not have been accessed by all members though. It's different because any parent could have seen the child and mother exiting the car. The difference with the data protection / public vs. private spaces is whether the data that was shared could have been viewed by those that it has been shared with naturally.

With the church group it would be very unlikely that every single member would have the contact details of every other member in a natural setting; therefore it's a data protection issue.

With a child exiting a car at the schools gate's, and that information being shared with a closed Facebook group of parent's from the school - any of those parents could have witnessed the parking, decamp from the car and walk to the school gates naturally.

I totally think the behaviour was abhorrent of the photographer, but I can't see how it breaches data protection.

The child's' image is personal data (as defined by the DPA)

No it isn't!

Titty If the child's name can be linked from the photograph, or to the photograph, then that photograph can become personal data.

Precisely. Only if their name could be linked from the photo. Which it won't in most circumstances. (User implied it would be in every circumstance.)

OP he cannot.

Your son is a minor and the photograph taken was not commissioned. As a rule, you can take a photograph of an adult in public but you have not consented to your child having his picture taken. It's a breach of his rights.

I can find the exact legislation if you need?

There is no law against taking photographs of children in public places; there are no separate laws for minors in this regard.

As a rule, you can take a photograph of an adult in public but you have not consented to your child having his picture taken. It's a breach of his rights.

What rule?

Coral I have to disagree with a lot of what you are saying but I respect that you and I are able to discuss without resorting to name calling and personal abuse. You clearly know enough about DPA in your role as a professional photographer to carry out that role. *
Titty you are just being annoying and i think you actually know very little about the subject. You may think the law is wrong, but don't shoot the messenger.

Please provide evidence that a child's face is considered personal data at all times.

You've used a lot of words but cited zero evidence.

Today 10:34 CoralDreamscapes There is no law against taking photographs of children in public places; there are no separate laws for minors in this regard.*

Today 10:34 TittyGolightly As a rule, you can take a photograph of an adult in public but you have not consented to your child having his picture taken. It's a breach of his rights. What rule?

I agree with you both on this. There is no rule or law per se that means you can't take a photo of any child. What matters is the context of how the photo was taken and what you do with the photo afterwards - and that's where considerations of DPA, defamation and human rights kick in.

Titty - if a child's image is identifiable then it amounts to personal data. Have you read the DPA or the extensive guidance or the case law? The Act is not a noddy guide with clear cut rules, and it takes a heck of a lot of words to explain it. But the evidence is all there if you care to read it.

In another case a child's image was used by a local council on a leaflet about HIV. The child was not named but was recognisable to those who knew her. That was held to be a breach - because it impliedly identified her as having a particular medical condition.

IAmNotAUserNumber That would have been detrimental to the child, or the council would have gained from the leaflet - this is both different to the OP's issue. There is no detriment to the child - the detriment is to the adults (quite rightly so).

My point was to Titty that a child's photo can be personal data where it is recognisable, albeit to a narrow group.

I've never said it couldn't, but it doesn't apply in all circumstances - or those in the OP.

This is the guidance from a University's legal department (which filk may or may not find useful):

Photos of specific individuals/groups

Where a photo is clearly of an individual or group of individuals who are the focus of the image this is treated as personal data and consent is required to use the image. Although the Data Protection Act does not specify that consent should be in written format it is strongly recommended that you obtain written consent so that you can keep a copy of the agreement for future reference

NSPCC has also stated the following:

Children should always be consulted about the use of their photograph. This ensures they're aware that the image is taking place and understand what the picture is going to be used for. This could be recorded on a child's permission form.

OP, I appreciate that you are embarassed but the more fuss you make about this the longer it will stick in people's minds. It was good of the school to contact parents about it but I don't see what else they can do tbh.

Even in gridlocked traffic you should have stayed in the car (and preferably got out before the school and walked down).

It has been an embarassing lesson (probably for most of the parents who will think twice about doing this themselves for a while at least) and you will probably make sure you have the pushchair ready for the morning!

So did the Police take any action in the end?