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| When can't you take photos of a nativity play? | When can't you take photos of a nativity play? |
| (about 2 hours later) | |
| By Ian Shoesmith BBC News | By Ian Shoesmith BBC News |
| In recent years there have been many reports of relatives being banned from taking photographs of their children in nativity plays. It has resulted in the Information Commissioner issuing guidance, saying schools should allow parents to snap away, free from any worries about breaching the Data Protection Act. But are there any circumstances under which schools should ban the taking of pictures? | In recent years there have been many reports of relatives being banned from taking photographs of their children in nativity plays. It has resulted in the Information Commissioner issuing guidance, saying schools should allow parents to snap away, free from any worries about breaching the Data Protection Act. But are there any circumstances under which schools should ban the taking of pictures? |
| The Information Commissioner, Christopher Graham, said such photos did not breach the Data Protection Act so long as they were only for personal use. | The Information Commissioner, Christopher Graham, said such photos did not breach the Data Protection Act so long as they were only for personal use. |
| But what is meant by this? Until not so long ago, taking pictures at a school event would have involved sending the film away to be processed, and then posting the resulting snaps along with your Christmas card to far-flung loved ones. | But what is meant by this? Until not so long ago, taking pictures at a school event would have involved sending the film away to be processed, and then posting the resulting snaps along with your Christmas card to far-flung loved ones. |
| But nowadays of course, photos and videos can be sent to the other side of the world within seconds, and shared on social networking sites. | But nowadays of course, photos and videos can be sent to the other side of the world within seconds, and shared on social networking sites. |
| Does sharing pictures on such websites still fall within the definition of personal use? | Does sharing pictures on such websites still fall within the definition of personal use? |
| Tariq Sayfoo, a paralegal specialist in data protection law at RT Coopers solicitors, does not think it does. | Tariq Sayfoo, a paralegal specialist in data protection law at RT Coopers solicitors, does not think it does. |
| "The law talks about 'domestic purposes' - this would include taking pictures for your own use and for that of family and close friends. | "The law talks about 'domestic purposes' - this would include taking pictures for your own use and for that of family and close friends. |
| "But when it comes to Facebook and other social networking sites, where it is very much more public, that's where you would need consent from the parents of kids in the photos." | "But when it comes to Facebook and other social networking sites, where it is very much more public, that's where you would need consent from the parents of kids in the photos." |
| Generally schools adopt the position of seeking consent from parents for photographs of their children to be taken, and when all parents give permission there is no problem. | Generally schools adopt the position of seeking consent from parents for photographs of their children to be taken, and when all parents give permission there is no problem. |
| But what happens when, for example, the mum or dad of one child out of a class of 30 objects? | But what happens when, for example, the mum or dad of one child out of a class of 30 objects? |
| Joanna Nicolas, an independent child protection consultant, said: "No, they shouldn't have the right of veto unless there are exceptional circumstances. | Joanna Nicolas, an independent child protection consultant, said: "No, they shouldn't have the right of veto unless there are exceptional circumstances. |
| Vulnerable pupils | Vulnerable pupils |
| "Decisions like that should be on the basis of legislation and they are not doing anything wrong." | "Decisions like that should be on the basis of legislation and they are not doing anything wrong." |
| That may be the case when every child in a class comes from a loving, safe and secure family, but what about when there are vulnerable pupils concerned? | That may be the case when every child in a class comes from a loving, safe and secure family, but what about when there are vulnerable pupils concerned? |
| Jonathan Pearce, chief executive of Adoption UK - a charity which supports young people and their adoptive and foster parents - said that while he absolutely did not want to spoil parents' enjoyment of special occasions such as nativity plays, the needs of at-risk pupils must not be forgotten. | Jonathan Pearce, chief executive of Adoption UK - a charity which supports young people and their adoptive and foster parents - said that while he absolutely did not want to spoil parents' enjoyment of special occasions such as nativity plays, the needs of at-risk pupils must not be forgotten. |
| He said: "The information commissioner's comments are generally helpful in clarifying uncertain areas but there is the risk that (he) is trivialising or overlooking safety and security concerns for many adopted and fostered children and their families." | He said: "The information commissioner's comments are generally helpful in clarifying uncertain areas but there is the risk that (he) is trivialising or overlooking safety and security concerns for many adopted and fostered children and their families." |
| The burgeoning use of social networking sites poses a very real risk, he said. | The burgeoning use of social networking sites poses a very real risk, he said. |
| "The deliberate or inadvertent disclosure of the child's new family or location can risk inappropriate or unregulated contact between the child and their birth family. | "The deliberate or inadvertent disclosure of the child's new family or location can risk inappropriate or unregulated contact between the child and their birth family. |
| "We know families where children have been found by their birth families via Facebook or other social networking sites." | "We know families where children have been found by their birth families via Facebook or other social networking sites." |
| Mr Pearce said schools must work closely with adoptive and foster parents to ensure the well-being of their children. | Mr Pearce said schools must work closely with adoptive and foster parents to ensure the well-being of their children. |
| Head teachers should, he said, find a way of clearly communicating with all parents when they have good reason for banning photography or filming. | Head teachers should, he said, find a way of clearly communicating with all parents when they have good reason for banning photography or filming. |
| Removed | Removed |
| He said this could be achieved while still preserving the confidential details of any children who may be subject to protection orders, or be living with adoptive or foster parents. | He said this could be achieved while still preserving the confidential details of any children who may be subject to protection orders, or be living with adoptive or foster parents. |
| A good example of the need for this would be when a child is removed from his birth family because one or both of his natural parents were abusive towards him. | A good example of the need for this would be when a child is removed from his birth family because one or both of his natural parents were abusive towards him. |
| When that child is taken into the care of social services, he would often be moved to a different area. | When that child is taken into the care of social services, he would often be moved to a different area. |
| In some circumstances he would not be allowed contact with his birth family. But were pictures of him performing in a school play to be featured on a social networking site, there is the risk that his abusive natural family could track him down. | In some circumstances he would not be allowed contact with his birth family. But were pictures of him performing in a school play to be featured on a social networking site, there is the risk that his abusive natural family could track him down. |
| Ultimately, it's about striking the balance between protecting the relatively small number of at-risk children and the rights of the vast majority of parents to enjoy looking at photographs recording their children's special moments. | Ultimately, it's about striking the balance between protecting the relatively small number of at-risk children and the rights of the vast majority of parents to enjoy looking at photographs recording their children's special moments. |
| And Ms Nicolas is worried that the present balance may not be right. | And Ms Nicolas is worried that the present balance may not be right. |
| "We have become such a litigious society," she said. "Schools and employers have become so frightened that if they let somebody take a picture and it turns out to be that they are a convicted paedophile, then other parents would say 'How dare you allow this?' and sue. | "We have become such a litigious society," she said. "Schools and employers have become so frightened that if they let somebody take a picture and it turns out to be that they are a convicted paedophile, then other parents would say 'How dare you allow this?' and sue. |
| "I don't blame schools for this though - it's a culture of fear and blame. It's not a reflection of the school, it's a reflection of society. | "I don't blame schools for this though - it's a culture of fear and blame. It's not a reflection of the school, it's a reflection of society. |
| Common sense | Common sense |
| "There might be certain circumstances where you would allow (a ban) but if you had a father who was a convicted paedophile then you wouldn't want him at the school anyway. | "There might be certain circumstances where you would allow (a ban) but if you had a father who was a convicted paedophile then you wouldn't want him at the school anyway. |
| "If only we used a more common sense approach - it's very sad. It's making out that everybody is a potential risk to children." | "If only we used a more common sense approach - it's very sad. It's making out that everybody is a potential risk to children." |
| What about our example of a child in care whose identity needs to be protected for their own good? | What about our example of a child in care whose identity needs to be protected for their own good? |
| "You can't let everything be ruled by that," Ms Nicolas said, "We have a relatively small number of children in care. | "You can't let everything be ruled by that," Ms Nicolas said, "We have a relatively small number of children in care. |
| "The school should use their initiative to put on a play where any number of children could be disguised, for example in costumes. | "The school should use their initiative to put on a play where any number of children could be disguised, for example in costumes. |
| "Schools should be creative, rather than having a blanket ban on everybody [taking pictures]." | "Schools should be creative, rather than having a blanket ban on everybody [taking pictures]." |
| Have you been banned from taking photos of your children at school events? Do you work for a school that has a policy of no photos at plays? Send us your comments using the form below. | Have you been banned from taking photos of your children at school events? Do you work for a school that has a policy of no photos at plays? Send us your comments using the form below. |
| I can understand school and councils concerns regarding vulnerable children, however some schools are not allowing photos purely so they can sell their own. After reading the ICO guidance today I forwarded it to my son's school and asked if we could take photos of the nativity play tonight. The answer I got back was 'no' as it may distract the children, but they have taken a range for us that we can purchase! This is after paying £2 per ticket to watch the performance! | |
| Gemma, Stafford | |
| It's a huge pity that the information commissioner focussed only on data protection - and not on the huge risk of harm to children that can be caused by distribution of photos. For adopted and fostered children, a photo "innocently" shared by another parent on Facebook could mean that the anonymity and thus safety of their adoptive family is compromised. Children are fostered and adopted for good reason: because they have suffered or are at risk of abuse and neglect. Publishing photos of children in a school setting online eg on Facebook can allow adults who pose a huge risk to those children to track them down in their new lives, with devastating consequences. No doubt the information commissioner thought they were proposing "common sense". What they have done is to stigmatise any parent who has a genuine reason to protect the identity of their children and make it less likely that schools will support reasonable requests. Bravo! It's a pretty big oversight to make for the sake of making a popular statement. | |
| Adoptive parent, | |
| At our children's school, you are allowed to take photos at the end of the service - in tableaux form. This way, any parents who do not wish their children to be photographed can withdraw them, and it seems to keep everyone happy. | |
| Debs, Hampshire | |
| Our primary school doesn't ban the taking of photos but offers photos taken by the school at dress rehearsal to parents at cost price. As these are often far superior to the ones taken on the night in that they are better lit and have no audience blocking the view most parents opt for these. The children whose parents who do not wish their child to be on photos are not included on the shots. Because these are "hard copies" they are less likely to be circulated on social networks, etc. | |
| Sue, Banbury | |
| Wish I'd seen this article yesterday before I attended our first nativity. No photos allowed. One mother was scolded like a naughty school girl for taking a camera out; and, whilst the Head did make an announcement explaining their concerns it's all a tad heavy-handed. It's worth noting no one challenged the member of staff for filming the whole thing!? | |
| Nik, Bristol | |
| I help to organize the annual Neighbourhood Watch poster painting competition at our local middle school. I also take the photos of the winners and e-mail them to the local newspapers. I am not allowed to publish the photos until I have received permission from all the parents concerned which unfortunately takes time. If I found that just one parent did not give permission I would digitally remove that child from my photo. I was informed by one of the teachers that I would not be allowed to upload the photos to our local on-line magazine, which I acknowledged. However I noticed that having been permitted to send the photos to one of the local newspapers, the newspaper not only published the pictures in their paper, but also put these photos on their website. They did not consult me at any stage. | |
| Mrs Anne Jefferies, Broadstone, Dorset | |
| Not at a school event but I filmed my 8-year old son at his karate grading recently, and his instructor asked to see the video later as someone had complained. I appreciated his position and was happy to comply, but it is so annoying that the person who complained didn't approach me directly. It is a sad indictment on society that we have to be wary of recording precious events in our lives because someone else is paranoid! | |
| Chris Alexander, Chester | |
| For the last ten years I have asked parents on their admission form to let me know if they do not want their own child photographed by other parents. Should that be the case, we would then not put the children in the play or Sports team. No child is individually identified and I would be mindful of an adopted/ fostered/ looked after child. | |
| Helen Andrews, Wrexham | |
| I am an adoptive mother of two children aged five and six. They came to live with us about 18 months ago and I have very real concerns over their photos appearing on the internet, however innocent the intention. We did not give permission to their school for them to appear on the website, however, there are very obvious pictures of both of them and their school have confirmed that they will be removed. The thought that any member of their birth family could see the photo's, and be waiting for them at school or use it to find out where they now lived is a very real concern, however unlikely it may be. My niece has innocently posted photos of 'their cousins' on Facebook following a family day out, but as they are not referred to by name we have not asked her to take these down. However, I have had a chat with her about my reasons for being concerned and made her agree never to refer to them on Facebook by any name. This is a very real issue for us as adoptive parents and all we want to do is our best to protect our children. | |
| Anonymous, |