Schools need to consider whether they need to seek consent when taking, using and sharing photographs and videos of students.
Do schools need to comply with the Privacy Act when they are taking and sharing photographs and videos?
Yes. In most circumstances, photographs and video footage of students, parents and other members of the school community, will be treated as âpersonal informationâ under the Privacy Act 1988 (Cth) (the Privacy Act).
Photographs and video footage of individuals may contain personal information where the individual is identifiable or reasonably identifiable from the image. In some cases, these images may also contain sensitive information.
This means that schools must comply with the Privacy Act when taking, using and sharing photographs and video footage that includes images of individuals.
Providing notice and obtaining consent
When a school wishes to collect and use a photograph or footage that includes a studentâs image that identifies or reasonably identifies the student, it must provide notice and consider whether consent is required.
Providing Notice of Collection
The Privacy Act requires schools to notify students or their parents/carers (as relevant) that they are collecting images of students. Schools must take reasonable steps to ensure that students or their parents/carers are aware of certain information at or before the time of collection.
Your schools Standard Collection Notice should explain to students/parents/carers how your school intends to collect and use photographs and videos of students. As the information a school collects varies over the period of a studentâs enrolment, it is suggested that the âstandard collection noticeâ be reviewed and updated each year.
This standard collection notice will not cover all situations where a school collects images of students and additional collection notices may be required in particular situations at particular points in time. For example, where the school wishes to use photographs of students at a specific event on public social media, a separate collection notice is required.
Obtaining Consent
In certain situations, the Privacy Act also requires schools to obtain specific consent from students or their parents/carers when using photographs or video footage of students for secondary purposes that are not covered by your schools Standard Collection Notice.
If your school is unsure if consent should be obtained for a specific secondary purpose, it should err on the side of caution and seek a separate consent for the use of that footage or photograph. For example, using photographs for a specific marketing campaign or providing photographs to a third party such as a newspaper or other media agency.
Common notice and consent questions
Does our school need consent to share images of students with the school community?
Provided that the Standard Collection Notice is given to students or their parents/carers (as relevant), schools can share photographs and footage of students with the school community (i.e., current, future and past students, parents and teachers) for the purpose of reporting on school activities and events. No consent is required.
A template Standard Collection Notice can be found here: Sample Collection Notice.
Does our school need student/parental consent to use images of students in the School newsletter, magazine and intranet?
Provided that the Standard Collection Notice is given to students or their parents/carers (as relevant), schools can use footage/photos of students relating to academic and sporting achievements, student activities and similar news in the School newsletter, magazine and intranet. No consent is required.
Does our school need consent to use images of students on the schoolâs website, public social media or television where the student is not identified or not reasonably identifiable?
No. Schools do not need to seek consent where the student is not identifiable or reasonably identifiable in the footage/photograph.
Does our school need consent to use images of students on the schoolâs website, public social media or television where the student is identified or is reasonably identifiable?
Yes. However, schools may only use footage/photos of students for external use if the school obtains a separate written consent for this use. External use of images may not be covered by the Standard Collection Notice and a separate consent for a specific purpose should be obtained from the student or the parent/carer.
A template consent form, for a specific purpose, can be found in Annexure 7: Permission to Share Personal Information (Including Photos/Videos) for Promotional and other Purposes.
Can our school post photos/footage of students where parent/carers have indicated that they do not want images of their child being made public?
No. Some parents and carers may have privacy concerns about images of their children being made public, or in some cases, there can be legal or safety concerns for the student and their family.
Where parents/carers have indicated that they do not want images of their child being made public, schools should not share images of such students with the school community or post identifiable photos/footage of such students on the schoolâs website, public social media or television.
Further, schools should not post identifiable photos or footage of students in circumstances where the school is aware that there may be legal or other reasons why images of a child should not be made public.
Parents taking photos at school events
It is common for parents, carers and family members to want to take photos and videos of their children at school events, and to share those images with family and friends, including via social media. Unlike schools, parents, carers and family members are not restricted by the Privacy Act in taking photos and videos.
However, schools may determine, and notify the school community, that photos and videos at certain school events are restricted. Where an individual fails to comply, the school may be entitled to exclude that person from the school grounds.
Need more help?
The National Catholic Education Commission (NCEC) and Independent Schools Australia (ISA) jointly publish the Schools Privacy Compliance Manual, which contains detailed information about privacy-related issues relevant to schools.
The information contained on this website is of a general nature only and does not constitute legal advice. There may be other obligations imposed on schools in relation to the collection and use of personal information that are not mentioned here.
If your school has privacy queries which are not addressed in the Schools Privacy Compliance Manual, you can contact the Catholic Schools New South Wales Legal Hotline:
- 1800 4Catholic Schools New South Wales (1800 427 679).