The Spanish Agency for Data Protection explains all the cases in which teachers, parents or relatives can take images of minors
Mobile phones have made it easy to post any type of content to the web. In a matter of seconds your photos or videos can go around the world. An advance that has also brought problems in the field of privacy involving third parties, especially when they are minors. Many doubts arise around when it is allowed to record students in schools and institutes. For this reason, the Spanish Agency for Data Protection, through its guide for educational centers, resolves all questions about taking images within this school space by teachers, parents or relatives.
In which cases the center can record the students
Whether or not minors can be recorded in educational centers will always depend on who does it and the purpose. In general terms, if the recording of the images is in charge of the school center for educational purposes, such as school work or evaluations, the center or the Educational Administration have the legal protection for such treatment without the need for the consent of the students or their parents. or tutors.
In the event that the center wants to take images of events or events that are usually recorded to be disseminated in the school magazine or on the center’s website, the prior authorization of the parents is necessary. The purpose of the recording should be reported, especially if the school community will later have access to the images. They recommend that access should be done in a secure online environment that requires the identification and authentication of students, parents or guardians. Also, it should be noted that photos or videos cannot be shared.
When can a teacher take pictures?
Teaching staff can take pictures of their students when it is a situation that involves “the development of the programming and teaching of the areas, subjects and modules entrusted to them.” But this content can only be accessed by the students involved in said activity, their parents or guardians, the teachers and the corresponding teacher. Open broadcasting on the internet is not allowed. Therefore, the data controller is the center itself or the Educational Administration.
Recording events open to relatives
It is allowed that in an event open to family members, attendees record said activity with their devices, “as long as they are images captured exclusively for their personal and domestic use.” For this reason, if the parents of a child refuse to be recorded during the event, the center must notify that it is something legal but that it cannot be published on social networks. Although, as stated in the Organic Law of Education, educational centers regardless of what is or is not allowed, have the autonomy to prepare, approve and execute rules of organization and operation of the center that dictate the prohibition of recording in school events .
What happens if relatives publish the images on the internet? “The relatives would assume responsibility for the communication of the images to third parties that they could not carry out unless they had obtained the prior consent of the interested parties.” To avoid problems, the Agency advises that the educational center inform the relatives of their responsibility in the event that the images are broadcast on the network.
School activities outside the school
When school activities such as excursions or trips are carried out, the centers do not need the consent of the interested parties, or their parents or guardians to record minors, provided that it is carried out in the exercise of the educational function.
If said recording is made by the people responsible for the companies that the schoolchildren visit, such as theaters, museums or a sports club, it will be the obligation of these third parties to have the authorization of the parents.
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