From 25th May 2018, the Data Protection Act (DPA) was replaced by the General Data Protection Regulation (GDPR) – meaning that the way we manage all data and information within Orchards Academy has changed.
GDPR affects how Orchards Academy handles personal data, or how we ‘process’ it. Processing is effectively any action we perform on personal data and includes how we keep records and databases of student and staff information, how we interact with suppliers, contractors and local authorities as well as how we monitor people using CCTV.
Please see below the updated Privacy notices for students, parent, and carers along with a video from TKAT about what GDPR is.
For any questions about how our school processes personal data please contact email@example.com
To report a GDPR breach please contact the school firstname.lastname@example.org
Use of photographs and video
This guidance covers photos or video (images) of people taken for School purposes.
If the image can be used to identify an individual and tell you something about them it is likely that it will be personal data for the purpose of the Data Protection Act. People can obviously be identified from names but may also be identified from contextual information e.g. the caption reads: ‘This photo shows students working in the school library’.
The following examples will help you to identify the issues that you need to consider.
Photos of specific individuals/groups
Where an image is clearly of an individual or group of individuals, who are the focus of the image, it will be personal data, and consent is required to use it.
Although the Data Protection Act does not specify that consent should be in written form it is strongly recommended that you obtain written consent so that you have a record, in case of subsequent disputes.
GDPR consent forms will be available.
Photos where individuals inadvertently appear in the background
It will not normally be necessary to obtain the specific permission of all who appear incidentally in the background of publicity shots where they are clearly not the focus of the image.
Photos of large crowds/events
Where an image does not focus on one individual or group of individuals, the data is unlikely to be personal data. In addition, it may not be practicable to obtain the consent of every individual. However, it is good practice to ensure that there are clear signs around the venue indicating that publicity photos are being taken.
Publication on web
Publishing an image on the web is a potential disclosure to the world at large. Particular care must be taken therefore to obtain appropriate consent where the image constitutes personal data. In cases of doubt you should err on the side of caution and not publish the image.
It may not be appropriate to ask VIPs to complete consent forms, in which case it should be sufficient to obtain verbal consent.
Although the Data Protection Act does not specify an age limit where images of children are being taken it is important to obtain written consent from the child’s parent/guardian.