GDPR in preschool?!

[Danini]

I have not given consent to the school to publish pictures of my daughter on Instagram, still they have done so. Is this a GDPR breach?

Yes, it is. Have you asked for the photo to be taken down? Take a screenshot so you have evidence, and check that they are going to report themselves to the Office of the Information Commissioner. (I'm a former safeguarding governor BTW)

PS When you say you have not given consent, do you mean you signed a form saying you did not want photos of your DC published?

Options were the below, I ticked only the first box: SCHOOL PHOTOGRAPHS AS PART OF LEARNING EVIDENCE

Social media isn't really referred to at all??

"Please tick those that apply:
SCHOOL PHOTOGRAPHS AS PART OF LEARNING EVIDENCE
I give permission for my child’s image to be taken and appear within their own workbooks and other childrens workbooks
SCHOOL BASED PHOTOGRAPHS PERMISSION
I give permission for my child’s image to be taken and used in publicity material/display purposes for the school, including printed and electronic publications, video and webcam recordings and on websites (eg. school website including weekly newsletter and school social media sites)
NEWS MEDIA
I give permission for images of my child to be used by the news media in printed and/or electronic form and stored in their archives. This might include images sent to the news media by the school and images / footage the media may take themselves if invited to the school to cover an event
I do not want my child’s image used in any publicity
Please note if you wish your child’s photograph to be used in the school newspaper or for your child to be included in publications BOTH permission boxes need to be ticked."

Social media is mentioned - see line 9. Just to reiterate, there hasbeen a databreach. If your child recognisable from the image ie facing towards the camera?

Sorry is your child recognisable?

She loves the camera so yes - fully recognisable on multiple pictures. Now there is no safety concern for our family, but I am worried about the school completely missing it!

It would be good that you bring it to the preschool attention as it should hopefully prevent them screwing up in future where another child's physical safety is at risk.

I'm pleased there is no risk to your child. The fact that your child is recognisable is relevant for the databreach. You can let the Information Commissioner know your personal data has been misused here: https://ico.org.uk/make-a-complaint/data-protection-complaints/

Amazing, thanks!

If you didn't tick the SCHOOL BASED PHOTOGRAPHS PERMISSION box, they've made a mistake. Perhaps consider giving them a chance to make it right.