By Tom Whitehead, Home Affairs Editor Telegraph
Published: 2:17PM BST 22 Jun 2009
Parents should be able to freely take photographs and video of their children at school sports days or plays, the privacy watchdog ruled.
A ban on photographing school sports day’s risk preventing happy keepsakes for families.Warnings that taking images of children and their friends at school events breach their rights are “wrong” and risk preventing happy keepsakes for families, the DeputInformation Commissioner concluded. Even photographs taken for official use or local newspapers do not breach the Data Protection Act so long as the subjects are aware of how the images will be used. It includes a ban at a primary school in Devon last week. Campaigners have welcomed the move as a return of common sense. The Information Commissioner’s Office has now issued fresh guidance to education authorities and those working in schools, colleges and universities explaining that the Data Protection Act is unlikely to apply in many situations where photographs are taken in schools. It stresses that those wishing to “capture the moment their child crosses the finish line at their school sports day” should not be deterred by data protection myths. David Smith, the Deputy Information Commissioner, said: “We recognise that parents want to capture significant moments on camera and we want to reassure them and other family members that whatever they might be told data protection does not prevent them taking photographs of their children and friends at school events. “Photographs taken for the family photo album are exempt from the Act and citing the Data Protection Act to stop people taking photos or filming their children at school is wrong.” Parents at a primary school in Devon were told last week that they would not be able to take pictures of their own children at the annual sports day. Mrs Ethelston’s Church of England Primary School, in Uplyme, has forbidden photography and recording videos, and claimed it was due to changes in child protection and images legislation. Parents criticised the move and said they felt there was no legal reason why they could not take photographs for personal use. The fresh guidance highlights the same scenario as an example where the Data Protection Act does not apply, because the photos are for the family album and personal use. It also cites the example of a grandparent taking video footage of the school nativity play as acceptable under the terms of the act. Mr Smith added that even where photographs do fall under the act, a common sense approach is needed. Photos of pupils for building passes or for a school prospectus would be subject to data protection rights but are permissible if those involved or their guardians are aware of the context. The same applies for a photo of a school awards ceremony that is to appear in the local newspaper, the guidance adds.
Margaret Morrissey, of Parents Outloud, said: “I am really pleased that common sense has broken out and I hope schools will not be put off by instructions from local authorities. “We have to be sensible about this and allow families to build up histories of their children and stop spoiling life for those parents who want to be involved.”