Dissemination of the image of students by schools: beware danger!

Schools: sharing photos of your students on social networks is not a good idea. We tell you why...

The other day, my Marketing Director asked me why photos of his child at school were posted on social networks when his parents had not given their permission for such distribution. He is right to ask the question. Because normally, that shouldn't be the case.

Yes, this question is legitimate, because schools must respect the GDPR and guarantee the security of their students' personal data. It comes down to ensuring the overall safety of the children themselves.

This obligation falls on them in the same way as companies, which must respect privacy, image rights and therefore the data of their employees. There is the same relationship between the institutions and their teachers or staff as the institution towards the students.

In this case, when it comes to minor children, the distribution of their photos on social networks poses a double problem:
• The minority (which makes them “vulnerable persons”)
• The large scale (also included in the 9 G29 criteria)

As a reminder, and/or information, the G29 established 9 criteria that could lead to the obligation to carry out an impact assessment. The “large scale” criterion is one of them, minors are vulnerable persons.

Thus, if an establishment makes the choice to broadcast photographs, then an impact assessment is required.

“Why? Because such data processing is not without risks for minors.”

Dear establishments, be aware that you are touching very slippery ground with your finger. This practice of posting photos of students to promote your school on the Internet is like using children or adolescents to advertise... But do they get paid? Of course not.

We do not advise you to go to the Darknet or to sites specializing in child pornography to understand and have the impulse to pay attention to the children for whom you are responsible as a school.

Dissemination in the school newspaper to keep parents informed of the activities carried out within the school does not involve informing complete strangers. On the Internet, on the contrary, you will not be able to control the dissemination, access to this data will be revealed forever as of the Instagram, LinkedIn, Facebook post deployed by the institution itself or the broadcasting professor.

So certainly, you shouldn't scare yourself, but I think it's better to avoid reaching for the stick. Indeed, this dissemination of images can have serious consequences for young people. They can be recorded, modified, before being broadcast and why not become a subject conducive to school bullying.

So? Do you still want to share photos of your students on Instagram or Facebook?

Our position as an expert in the protection of personal data is not intended to frighten, but to make people realize, inform, communicate, explain, illustrate and give you all the keys to have the most respectful communication possible.

For information, in what context is it possible to capture and/or broadcast the image of a person without their consent?

When the person is public. So yes, if you have the latest winner of The Voice Kids in your establishment, this can be used, great promotion, but hey, there will certainly be a contract that will bind you and although it is tempting, always be wary of the security you are flouting.

What information should be taken into account in the context of an image rights request?

The authorization to take an image must include mandatory information, such as the names and surnames of the persons involved in the authorization, the date and place of the shooting, the purpose of using the image as well as the duration of the authorization.

We will see in more detail in a future article or a future LinkedIn post, the role of parents in the use of networks in the dissemination of the image of their children... and therefore more generally the disclosure of their data.

On the CNIL website:
https://www.cnil.fr/fr/education-pro/etablissements-scolaires-et-periscolaires
https://www.cnil.fr/sites/cnil/files/atoms/files/poster_10-conseils-pour-rester-net-sur-le-web_ok.pdf
https://www.cnil.fr/fr/decouvrez-le-jeu-immersif-les-gardiens-du-numerique-la-cite-des-sciences-et-de-lindustrie