Good practice for schools on the use of photographs and video
images for their own publicity purposes
See also separate advice on:
Photographic images and the press
Parents photographing and videoing school events
The advice below relates solely to the use of images by schools for their own publicity purposes
Q. Is taking photographs of children in school illegal?
A. No but you need to be aware that taking such photographs may be affected by legal requirements or individual school or LEA policy.
Q. Does the Department have a policy for schools on the use of photographs and video images for the school's own publicity purposes?
A. No, schools and LEAs are free to decide on their own policies relating to the use of such images or the release of associated information for their own publicity purposes. We do however advise that the photographs and video images of pupils and staff may be classed as personal data under the terms of the Data Protection Act 1998.
Therefore using such images for school publicity purposes may require the consent of either the individual concerned or in the case of pupils, their legal guardians.
Parents can seek advice from the Information Commissioner's Office (www.ico.gov.uk) if they have any concerns regarding data protection issues.
Q. What do you mean when you talk about "own publicity purposes"?
A. This means that school should not display images of pupils or staff on websites, in publications or in a public place without such consent. The definition of a public place includes areas where visitors to the school have access.
Q. Should full names and photographs of children be used for such purposes?
A. We recommend that:
- If the photograph is used, avoid naming the pupil.
- If the pupil is named, avoid using their photograph.
Q. Can schools keep copies of such images?
A. Yes, but schools should let the person being photographed know whether or not the image will be retained for further use, and ensure that the images are securely stored and only used by those authorised do so.
