Specialist IP lawyer says parents’ festive photos are fine

Release date: 4/12/2009

Schools and youth groups are being urged to adopt a common sense approach to family and friends' photographs of festive concerts and plays.

Many organisations have slapped a ban on filming and photographs at school concerts amid fears of breaching the Data Protection Act.

But Pina Mazzotti, an IP and dispute resolution specialist, urged schools to adopt a sensible approach and says the Data Protection Act does not prevent parents from capturing their youngsters' priceless moments.

She adds: "There's plenty of anecdotal evidence of parents being prevented from photography or filming their child's school play simply because of over-zealous or over-protective staff. But parents are entitled - quite rightly - to capture these wonderful moments on camera and a common sense approach should be adopted by all.

"The legislation is clear that photographs taken for personal or family reasons are exempt from the Data Protection Act. Schools cannot use the act to prevent parents doing this. It is unlikely to apply to most situations where photographs are taken by parents in schools."

The Information Commissioner's Office has issued very clear guidance to help dispel any confusion and precisely explain parents' rights. Its guidance notes also give clear advice for local authorities and school staff.

The act will usually apply when photographs of children are taken for official use by a school or college. But where a photographer obtains permission from a parent or guardian beforehand will usually be deemed sufficient to ensure compliance.

The Data Protection Act says anyone handling personal information must comply with eight key principles:

1. Details must be fairly and lawfully processed

2. Data must be processed for limited purposes

3. It must be adequate, relevant and not excessive

4. It must be accurate and up to date

5. Data cannot be kept for longer than is necessary

6. It must be processed in line with your rights

7. Retained securely

8. May not be transferred to other countries without adequate protection