Safety Issues
Overview CSF Guidelines for Safe Use of Images in Schools Information about Children Information about Adults Information about the School Data Protection Webcams Issues with Images (including Examples)
Do not delete cell
Do not delete cell

Data Protection Act 1998

Most people think of this Act as being associated with computer databases only. However as time has gone on, more of the Act's provisions have been introduced, and now covers the use of images.

The Data Protection Act 1998 lists the following eight principles which require that data is:

• Processed fairly and lawfully
• Obtained only for one or more specificed purposes, and not processed incompatibly with them
• Adequate, relevant and not excessive in relation to the purpose/s
• Accurate and kept up to date
• Not kept for longer than necessary for the purpose/s
• Processed in accordance with the rights of the data subjects
• Kept secure
• Not transferred to a country outside the European Economic Area which does not have adequate data protection rules.

There are several key terms used in the Data Protection Act. These are outlined below together with definitions of how these apply when taking images within schools.

Personal data

Photos or images of pupils are classed as personal data

Data subject

This is the child (or adult, e.g.a member of school staff) who is the subject of the personal data

Data controller

This is the person or body who determines why and how data is to be "processed".

There can be joint Data Controllers where two Data Controllers act together in determining the purposes and manner of processing or Data Controllers "in common" where a pool of personal data is shared and each controller acts independently of each other.

The School, the LEA and the Photographer are all Data Controllers.

Data Controllers have to inform the Information Commissioner about their Data Processing and all local authorities notify the Information Commissioner about this on behalf of many of their schools.

Data Processing

This is anything that is done with data including obtaining, recording, storing, organising, adapting, altering, retrieving, using, disclosing, erasing etc. The guidance to the Data Protection Act 19998 states, "It is difficult to imagine any activity involving data which is not covered by this definitions".

Taking photographs, developing them, altering them, distributing them and storing them etc. are all acts of data processing, as are all the stages involved in making a film of a performance/event.

Data Processor

This is a person (other than an employee) who processes the data on behalf of the Data Controller. The photographer/film-maker can also be a Data Processor as they are not HCC/School employees.