Table of contents
Table of contents
What is the law when taking nativity photos?
Every parent looks forward to seeing their child dressed as an angel or a wise man at the nursery or school nativity.
Watching their son or daughter sing ‘twinkle twinkle little star’ is a special moment. Parents and grandparents are keen to capture it forever by taking lots of photos. But it is important to know what is legal when it comes to taking photos and filming other people’s children in a nativity.
Some nurseries and schools ban parents from taking photos or filming their children’s nativity.
If you do ignore the nursery or school’s ban, can they take legal action against you? What can you do if another parent shares a photo of your child on social media? Here we answer some of your key concerns.
Can I take photos at my child’s nativity?
The Information Commissioner’s Office (ICO) is clear that data protection law does not stop you from taking photos at nursery or school events. The ICO states ‘Data protection law doesn’t apply to the use of personal data for ‘purely personal or household activity’. This means that the law doesn’t prevent you from taking photos or videos of nativity plays for personal use – such as for the family group chat or photo album.’
What if the nursery or school bans nativity photos?
If your nursery or school decides to ban photos, this may be down to particular policies around safeguarding. Or it may be about preventing disruption or distracting the children during the nativity. However these policies are not because of data protection issues.
Nurseries and schools are private property. Owners of private properties are able to restrict the taking of photographs and videos. If the nursery or school does introduce a blanket ban, you will need to abide by this. Otherwise they may ask you to leave the premises.
Credit: daynurseries.co.uk
Can I post nativity photos on my social media?
If you are posting your photos or videos of a nativity on your private social media account that can only be seen by family and friends, then this is ‘likely to fall within the definition of personal use’ says the ICO. This means data protection law does not apply.
If you do post photos or videos to a public social media account, this goes beyond the definition of personal use. In so you will need to think about whether the people in the photos or videos would expect them to be shared in this way. Extra care must be taken when using children’s personal data and images.
Can I get photos of my child taken off social media?
If someone has posted images of your child on social media, you can ask for them to be removed. You should first approach the owner of the social media account and ask them to take them down.
If the owner of the social media account refuses or ignores your request, you should submit a complaint to the ICO. If they agree with your request they may contact the account holder to resolve the issue.
Credit: daynurseries.co.uk
What if the nursery or school shares photos online?
Parents or guardians should always be informed how images of their children will be used.
When a child starts at nursery and school, the parents will be asked if they give their consent for their photos to be used internally in newsletters or on school prospectuses and on social media.
The nursery or school will need to have a reason or ‘lawful basis’ to publish photos or videos. However parents or guardians should always have the option on opt out. You can find out more about taking photos of children in nurseries and schools here.
