The Parish of St John Fisher and St Richard of Chichester

Guidelines on using images of people – photographs, videos and web cams

 

Introduction

 

Since the introduction of the Data Protection Act in 1998 we must be very careful if we use photographs, videos and web cams of clearly identifiable people, or images of children, on our website and any printed publications.

 

Data Protection Act 1998

 

When recording images of individuals or small groups you must get the permission of all the people who will appear in a photograph, video or web cam image before you record the footage. That means children as well as adults.  Sample consent forms for both children and adults are available.

You must make it clear:

·        why you are using that person’s image;

·        what you will be using it for; and

·        who might want to look at the pictures.

If you are taking images at an event attended by large crowds, such as an outdoors remembrance day service, this is regarded as a public area so you do not need to get the permission of everyone in a crowd shot. People in the foreground are also considered to be in a public area, so you don’t have to get their consent. However, if you want to use an image of, for example, a wedding – with the crowd in the background – you must get the couple’s verbal permission and record the fact that you have done so. You can record their consent when you take the photograph or when you return to your office. A sample consent form is attached.

If you intend to use images from an agency, it is the agency’s responsibility to get permission from all those appearing in the image before it is recorded. However, it is ultimately our responsibility to ensure that permission was obtained, so you might want to get this in writing from the agency concerned.

 

Guidance for images involving children

 

Planning

 

How long does consent last?

 

It is important to get consent from the parent, guardian or carer of a child or young person up to the age of 18 (this is called ‘parental consent’). It is suggested that you get parental consent before taking any photographs or recording any videos, and that you renew this consent after two years if the photographs are still to be used.

 

You will have to be careful to record any changed circumstances. This will be easier if you keep photographs and signed consent forms together.  Don’t forget that you also need consent from any other adults who may appear in the photograph or video, not just the children. A sample consent form for adults is attached.

 

You should not re-use photographs after a child appearing in them stops attending the church or moves house, so it is suggested you remove them immediately.

 

Can I use existing photographs?

 

You may have photographs on file. If you are re-using older photographs where you got consent but probably only for paper publications, we recommend that you try to renew parental consent to use the images on your website. If you never got consent (i.e. you had the photos before the Act came into force), you must apply common sense when using them. Once again, avoid using photographs of children after they have left the church.

 

What else should I think about?

 

Where it is possible to do so remember to include images of children from different ethnic communities in your communications, and to use positive images of disabled children. This will ensure that your photographs are inclusive of the whole community and comply with the Disability Discrimination Act.

 

Only use images of children in suitable dress, to reduce the risk of the images being used inappropriately.

 

Websites

 

Due to recent negative press on photographs of children on websites, we have decided to take our lead from the Department for Education and Employment’s Superhighway Safety Website at www.safety.ngfl.gov.uk. This website contains lots of useful information for organmisations that use the internet or have their own website.

 

As a matter of policy the Parish will avoid using the following on its website or in any publication without proper consent:

 

 

If you use a photograph of an individual child, don’t include that child’s first name in the accompanying text or photo caption. If a child is named in the text, don’t include a photograph of them. This will avoid the risk of inappropriate and unwelcome attention from other people.

 

Additionally, you can use group photographs with very general labels such as “1st Holy Communion” or “Confirmation”.

 

Parish prospectuses and other literature

 

Although most parish literature is sent to a very specific audience, it would be best to avoid using personal details or full names of any child in a photograph. Also avoid naming a child in the text or accompanying photo caption if they appear in a photograph – and vice versa.

 

Videos

 

Before any children or young people up to the age of 18 can appear in your video, you must get parental consent. You can do this in the same way as for photographs of children, using the relevant parental consent form. Similarly, you must get the permission of anyone in your video who is not part of a crowd and is easily recognisable.

 

Web cams

 

The regulations for using web cams are similar to those for CCTV (closed-circuit television). This means that the area in which you are using the web cam must be well signposted and people must know that the web cam is there before they enter that area. In effect, this means you are getting their consent. As with photographs, you must tell the person:

 

 

Getting consent

 

As mentioned above, it is important to get parental consent when a child is being photographed. Once the consent form has been signed, you should keep it on file. You will also need to get consent from other adults, if you wish to use their images too.

 

The consent form must make it clear that you could use the photographs on the parish website, as well as in printed publications for promotional purposes. For example, you could ask:

 

 

It is important that you make clear that websites can be seen throughout the world and not just in the United Kingdom, where UK law applies.

 

 

Consent form for use of photographic/video images of children by the Parish of St John Fisher and St Richard of Chichester

To

 

 

Name of parent or guardian:

 

Name of child/children:

 

Location of photograph(s):

 

 

 

The parish would like to take photographs / make a video recording / use existing photographs* of your child/children* to appear on our website or in our printed publications, or both. (*Please delete as appropriate.)

To comply with the Data Protection Act 1998, we need your permission before we take or use any images of your child/children*. Please answer questions 1 and 2 below, then sign and date the form where shown.

Please return the completed form to:

 

 

(Insert the name of the person commissioning the photography and the return address.)

 

To the parent

Please circle your answer

1.  May we use your child’s image in our printed promotional publications?

Yes / No

 

 

2.  May we use your child’s image on our website?  They will be unnamed.

Yes / No

Please note that websites can be seen throughout the world, and not just in the United Kingdom, where UK law applies.  Please also note that the conditions for using these images given at the bottom of this form.

 

I have read and understood the conditions of use at the bottom of this form.

 

 

Parent’s signature:

 

Date:

 

 

 

 

 

Parent’s name (in block capitals):

 

To the Parish Priest

 

3.  I have checked which parents are happy for their children’s images to be

     used in the Parish’s printed publications or on its website or both.

Yes / No

 

 

User’s signature:

 

Date:

 

 

 

 

 

User’s name (in block capitals):

 

 

Conditions of use

1.     This form is valid for two years from the date of signing only. The consent will automatically expire after this time.  We will not re-use any images after this time without your consent.

2.     We will not include details or full names (which means first name and surname) of any child or adult in an image on our website, or in printed publications, without good reason and without consent.

3.     We will not include personal e-mail or postal addresses, or telephone or fax numbers on our website or in printed publications without consent.

4.      If we use images of individual children on the web, we will not use the name of that child in the accompanying text or photo caption. And if a child is named in the text, we will not use a photograph of that child to accompany the article.

5.      We may use group images with very general labels, such as “1st Holy Communion” or “Confirmation”.

6.     We will only use images of children who are suitably dressed.

Consent form for use of photographic/video images of adults by the Parish of St John Fisher and St Richard of Chichester

 

To

 

 

Name:

 

Address:

 

Location of photograph(s):

 

 

 

The parish would like to take photographs / make a video recording / use existing photographs* of you to appear on our website or in our printed publications, or both. (*Please delete as appropriate.)

To comply with the Data Protection Act 1998, we need your permission before we take or use any images of you. Please answer questions 1 and 2 below, then sign and date the form where shown.

Please return the completed form to:

 

 

(Insert the name of the person commissioning the photography and the return address.)

 

Please circle your answer

1.  May we use your image in our printed promotional publications?

Yes / No

 

 

2.  May we use your image on our website?  They will be unnamed.

Yes / No

Please note that websites can be seen throughout the world, and not just in the United Kingdom, where UK law applies.  Please also note that the conditions for using these images given at the bottom of this form.

 

I have read and understood the conditions of use at the bottom of this form.

 

 

Your signature:

 

Date:

 

 

 

 

 

Your name (in block capitals):

 

 

Conditions of use

1.      This form is valid for two years from the date of signing only. The consent will automatically expire after this time.  We will not re-use any images after this time without your consent.

2.      We will not include details or full names (which means first name and surname) of any adult in an image on our website, or in printed publications, without good reason and without consent.

3.      We will not include personal e-mail or postal addresses, or telephone or fax numbers on our website or in printed publications without consent.

4.      If we use images of individual people on the web, we will not use the name of that person in the accompanying text or photo caption. And if a person is named in the text, we will not use a photograph of them to accompany the article – unless with their written consent or their written request.

5.      We may use group images with very general labels, such as “Palm Sunday Procession” or “Choir”.