Photos, digital images and privacy

Hi

I’d like to open a discussion on the minefield that is photos and their availability/use/publication.

From a few conversations I’ve had on this topic it seems to be a hugely complex area. I’m interested in your opinions / practices / policies on making school archive photos and digital images available particularly via intranets for internal use by staff, and more broadly for publication in eg school annuals, print and web. I’ve seen Australian school archive websites where photos are posted of students ranging from early years to more recent years. And where school annuals have been scanned and made available to the general public.

Current and recent years are covered by clearance forms and agreements by parents but older photos and annuals haven’t been covered by this. There seems to be lots of confusing information around eg material pre and post 1 January 1955, 50 year rules, 70 years, whether its previously been published, etc. We all have a wealth of wonderful photos  -  to what extent can we share these without legal implications re privacy?

Cheers

Barbara (wearing my school archivist hat)

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Replies

  • In one school I know, photos of recent age are not permitted to be used without the individuals consent and that of respective parent(s)/carers.

    There is a general permission for yearbooks etc but not for reproduction thereof.

    Many years ago I was advised by the NSW Privacy organisation that as far as the Web went it is essential that the above permissions be obtained both for legal and protective reasons.

    If anyone can produce a printed policy that will answer all the questions that have ever been asked, and even just considered, about these matters, I would appreciate a copy.

    For me the answer is to, in each case, consider the merits of publishing such a photograph and then seek advice from Privacy, Copyright, and Legal sources.

    I know of a school that put out a book of photographs last year but do not know of the processes that were followed, but assume they were torturous.

  • Hi Barbara, a great topic to discuss especially for us here at SHC Kyneton as we lead into 2014 and our 125th celebrations. We are currently writing a book and are also in the middle of updating our website which will finally include a past pupils and archives section. This topic is a 'constant' on my mind as I scour other websites and speak to other archivists regarding these very practices and policies. You are so very right, the answers I get are very varied and vague regarding the legalities and I haven't even touched base with anyone yet concerning intranet and e-books.

    Cheers

    Sharon Lanteri

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