GDPR: Student Photographs

Introduction

1. The School is obliged to comply with the General Data Protection Regulation (GDPR) when it takes or publishes photographs of its students. The School will always try to act in the best interest of the students and, as far as it legally can, it will take parental preferences into account.
2. The School will not normally seek consent for any internal use of photographs as the processing of such personal data is in accordance with the statutory functions of the School in providing an education to the student and is therefore lawful on the grounds of public interest, however the School will take into account any parental preferences expressed. The student may also exercise their data protection rights in respect of photographs as set out in the privacy notice for students and our Data protection Policy. We will respond appropriately to any student or parental request to exercise those rights.
3. The General Data Protection Regulation gives children rights over their own data when they are considered to have adequate capacity to understand. Most children will reach this level of understanding at around age 13. For this reason, for most students in a secondary school, it will normally be up to the individual child to decide whether or not to be photographed. Where the school considers that the child does not have the capacity to make such a decision the School will act as it considers to be in the best interests of the child and in doing so will take account of any stated parental preference.
4. Consent to have photographs taken is sought upon admission to the School in Year 7. Parents can change their preferences at any time by contacting [email protected] to obtain a new form.

Photographs for Internal Use

1. The School will take photographs of all students, and use these for safeguarding and operational purposes.
2. Students in the Sixth Form are required to wear a Photo ID on a lanyard at all times, containing a passport-sized photograph, for the purposes of safeguarding, registration and identity verification.
3. These photographs will be taken either in-school or by a GDPR-compliant third-party company.
4. The school will take photographs for its own use. Usually these will be unnamed photographs and will generally be for internal school use but may also include photographs for publication, such as photos for the prospectus, or to show as slides at an event for parents. Unnamed photographs may also be used on display boards which can be seen by visitors to the school.
5. When a photograph is to be taken for purposes other than stated in points 1 and 2 above, students will be informed that a photograph is being taken, told what it is for, and their consent obtained.
6. If the school wants to use named photographs then it will obtain positive consent first. For most students this will be student consent as explained above but parental wishes will be taken into account for students under 13 years of age.

Media Use

1. The school will give proper consideration to the interests of its students when deciding whether to allow external organisations to take photographs or to film.
2. When the Media (e.g. local newspaper) are allowed to be present in school or at school events, this will be on the condition that they observe this policy.
3. Where the media are allowed to be present at a particular event the school will make sure that students and their parents or carers are informed of the media presence. Positive consent will be required for a student's photograph to be taken.
4. If the Media entity wants to publish named photographs then they must obtain specific consent from those students with capacity to consent or the parents of those without capacity. The school will require the media entity to check with the school before publication so that the school can check that any objections have been taken into account.

Family Photographs at School Events

1. It shall be at the discretion of the school whether photographs may be taken at a school event.
2. Family and friends taking photographs for the family album will not be covered by Data Protection (GDPR) legislation.
3. Where the School decides to allow such photography, the family and friends will be asked not to publish any photographs showing children other than their own on the Internet.

Date of next review

June 2020

APPENDIX A: Expression of Parental Preferences questions

Unnamed Photographs

I give permission for:

1. unnamed photographs of my child to be used in school for marketing purposes (e.g. a team photo on a sports noticeboard in PE) Yes/No
2. unnamed photographs of my child to be used by the school use for wider publication, namely:
   1. School prospectus and similar information Yes/No
   2. School website Yes/No
   3. Publicly visible display boards Yes/No

Named Photographs

I give permission for:

1. named photographs of my child to be used in school (e.g. winner of a maths competition). Yes/No
2. named photographs of my child to be used in any school publication (e.g. new head students being announced in the School bulletin). Yes/No
3. named photographs of my child to be used on the school website (e.g. celebrating exam success). Yes/No
4. named photographs of my child to appear in external, non-school publications (e.g. local paper press release following a sporting achievement). Yes/No

Other

1. Do you give consent for your child to travel on the School minibus whilst at Bourne Grammar School?
2. Do you give consent for your child to take part in the fingerprint scanning session on Friday 6 July 2018 for use with Bourne Grammar School’s Biometric Till System?

• I understand that the school will try to take my preferences into account but that the school must comply with the General Data Protection Regulation 2016 which will give my child rights in his / her own data when he / she has adequate capacity and understanding to make decisions about the publication of his / her photographs for him / herself.
• If you wish to change your consent at any time, please contact [email protected] for a new form.