At which age can a child give photo consent?

[LubieWinogrona]

That really. What age do you think is appropriate? Are there any laws/guidelines? Or is it all parental preference?

For context I’m talking about all those forms we have to sign to give permission for a child’s photo to be used on a website, social media, other etc. Usually for school and after school clubs.

Historically I’ve never given consent as I don’t believe a child should have their photo online (or anywhere) without their permission and both DC are (were?) too young to give consent.

As DC1 approaches 12 and creeping closer to the age when FB etc will be legally allowed, I’m wondering whether this is an appropriate age where a child can give their consent. Obviously I will be making sure they understand about what goes online stays online forever etc etc. And I will still be signing the forms, but I will be asking them what their preference is, and their decision - Yes or No - will be the decision. I’m just trying to gauge what is an appropriate age where a child can make that decision for themselves in their own right.

18, when you’re legally an adult.

16
this is the age of mental capacity

Under GDPR children can consent to their personal data being used from 13. I would guess this covers photos too?

I started asking my child's opinion on forms etc at 14/15.

Legally it’s 13. See attached photo. Although you can exercise your right as a parent to not give photo consent if (and only if) the form asks for the parent/guardian to sign. I would advice that you do consult your DC once that are 13 though and talk through the options to keep in-line with the GDPR laws.

To clarify this point I would guess this covers photos too? made by Decorhate above.
Under GDPR:
“‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

So yes, photographs are considered personal data under GDPR.

A friend works in a child protection role. Her son is 16 now and she’s only ever shared photos of him privately. I used to use Facebook as a photo album but then spent a very painstaking evening screenshotting all photos of my son and deleting the fb photos. He’s 21 now and I never use his photo publicly unless he’s agreed

In terms of actually on the forms, 18 probably, from the school’s perspective. But you can be asking them from whatever age and trusting that choice. It’s not like you trust them the day they turn 12 but not the day before at 11. It doesn’t work like that.

Much better than preventing all photos be taken is to actually be talking about it as an ongoing conversation. Because if you have a 12 year old, I can guarantee their photos are already all over social media and being sent around in WhatsApp groups.

I have a 12 year old. She is not allowed any social media and we have very strict parental controls on her phone and monitor it closely.

But I can’t control what her friends and their parents do. All her friends have TikTok and Snapchat and whatnot. And they take photos and make videos and they no doubt get posted or shared in a WhatsApp group (they have a small one of close friends, no big class or school or random group chats allowed). Who knows what happens to them after they get posted. That is the reality of raising a preteen/teen and much better to have an ongoing conversation about not taking photos you don’t want shared and privacy and respect than just blanket banning everything.