1. RATIONALE
Camberwell Grammar School (“the School”) is a child-safe organisation and upholds a commitment to ensure the collection and use of participant photographs, images, and video recordings (recorded media) in the School;
• protects the personal information of individuals;
• respects the individual’s right to control how and for what purpose their personal information is used;
• complies with the relevant legislation requirements.
Photographs and filming may include the following:
• individual and class photographs to be taken each year;
• the collection, use and disclosure of other school photos, video, film and digital images that may be taken by the School from time to time;
• photographs and videos students taken by media;
• recording of School performances, School activities and other School endorsed activities.
Photographs, images and video recordings of a student, staff, alumni and visitors (recorded media) are governed by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained within it. Recorded Media may also contain copyright, and therefore may also be governed by the Copyright Act 1968 (Cth) (Copyright Act).
2. BODY OF POLICY
2.1. Application
This policy applies to all staff, students, parents/carers/guardians (“Parents”), alumni, volunteers, contractors, hire groups and any other members of the School community
2.2. Definitions
Word/s
Photographs / Photos / Images / Photography
Definition
Photography includes images captured by/on any device that captures still images.
Film / Filming / Video Film / Video includes images captured by/on any device that captures moving images.
Device(s)
Internal Publications
External Publications
Devices include, but are not limited to, still cameras, video cameras, mobile phones, mobile devices such as laptops, notebooks, iPads, GoPro, etc
Internal Publications are those communications where access is restricted to specific members of the School Community (e.g. DEEDS, The Grammarian)
External Publications are those communications which are available to the wider School Community and general public (e.g. School Website, Social Media posts).
Title:
2.3. Policy Statement
• As a condition of enrolment, the School is authorised to use photos, images and video taken of students, whilst engaged in School related activities, for all internal use, including (but not limited to) in internal publications, on monitors around School and in The Grammarian.
• Photos, images and video used by the School will be monitored for adherence to the School’s Privacy Policy
• All externally published photos, images and video will be managed by the School’s Marketing and Communications Manager
• The School will not publish full names of people in the image in external publications unless consent has been received by the Parents of children appearing in the image.
• The School’s collection, use and disclosure of photographs, film and recordings will be in accordance with the School’s Privacy Policy.
2.4.
Consent
The consent required from parents/guardians for the taking and use of photos, images and videos of a student by the School will vary depending on the context and purpose of the photography or video recording. Information regarding the collection of personal information by the School is contained in the School’s Privacy Policy (published on the School Website)
As a condition of enrolment, the School is authorised to use photos, images and video footage taken of students whilst involved in School-related activities for internal use, in internal publications and in The Grammarian.
Upon commencement, parents/guardians will be asked to consent to the publication of their child’s photograph in external communications. External communications may include (but is not limited to) the School’s website, social media, marketing and promotional material Parents can withdraw consent at any time.
2.5. Refusal of Consent
If a parent/guardian does not consent to having their child’s image used in external communication, the School will take all reasonably practicable steps to ensure that the student is not photographed or filmed, or if that is not reasonably practicable, that they are not identified in photos or video footage
2.6. Consent Forms
The School works with parents/guardians to gain consent for the use of photographs and videos of students which fall outside of internal and external uses.
In such situations, parents will be informed of the following details and asked to consent to:
• how their child’s image may be used in photos or videos
• how these images are stored and used (upon request)
2.7. School performances, sporting events and other school-approved activities
The School, at its discretion, may permit Parents, students and invited guests to photograph or film School performances, sporting events and other school-approved activities.
All photography and filming to be taken from spectator areas only.
Parents, students and invited guests who photograph, film or record School activities are requested to only do so for their own personal use and not to publish the images in any form, including on social media, without the prior consent of persons whose children appear in the images.
The School may impose restrictions on photography and filming at its discretion, which may include removing the rights to photograph or film. All restrictions must be adhered to at all times Noncompliance may result in the request to leave the event. Where restrictions are in place at an event, notification will be displayed by the School
2.8.
Professional Photographer
School-approved professional photographers who have been granted permission to take photographs or video of programs, events, functions activities, participants etc. are required to:
• Sign a Confidentiality Deed before commencing
• Complete a School induction
• Have a valid Working with Children Check Card
• Wear a hi-visibility vest provided by the School and/or a lanyard identifying them as an “official photographer” (if required)
Commercial Usage of Images
Professional photographers commissioned by the School to sell images, may place images with participant names on an access-controlled website to enable participants to view and purchase photographs or videos. Such sites must not be accessible for the general public viewing.
2.9.
School staff
• School staff who have been granted permission to take photos or video of School programs, events, functions, activities including coaching program etc. are required to:
o Wear a hi-visibility vest provided by the School and/or a lanyard identifying them as an “official photographer” if external patrons are present.
• School staff have permission to take photos on School-endorsed trips, camps and excursions. All photos and video must be uploaded to the School’s network as soon as practicable and deleted from the device once uploaded
• On occasion it may be necessary for School staff to photograph or film students when required:
• To fulfil legal obligations, including to:
o take reasonable steps to reduce the risk of reasonably foreseeable harm to students, staff and visitors (duty of care)
o provide a safe and suitable workplace (occupational health and safety law)
• for identification purposes, to implement discipline and/or behaviour management policy
2.10. Notification of photography and filming at School events
At all School events including, but not limited to, presentation nights, award nights, sporting events, finals, tournaments, competitions, performances, carnivals, social events etc that are conducted in School facilities or offsite sanctioned events, the following notice MUST be placed at the venue’s entrance that outlines the Photography and Filming requirements for the event;
“During this event your image may be captured by a School photographer in digital images and film and may be used in School promotional material including but not limited to websites, social media channels and promotional materials. If you do not wish to have your image recorded, please identify yourself to the official photographers and/or management on your arrival.”
2.11. Process for opting out of Photography or Filming
To opt out of specific photography and filming, the person must make known to the photographer and/or School staff of their request to be excluded from any photography and filming as soon as possible.
In order to identify the non-consenting participant, the School may ask to take a photo of them, for the purpose of ID matching, to assist in the process of exclusion from publications.
2.12. Reporting of unauthorised Photography & Filming
If there is suspicious photography or filming, the School asks that this be reported to School staff immediately with the following information:
• Name of person (if known);
• Location of the person photographing or filming;
• And any other features such as clothing, club uniform, time etc
School staff will advise the individual that a complaint has been made regarding suspected unauthorised photography or filming.
The individual has the opportunity to respond to the claim and present devices for viewing by the School staff.
If the School is unsatisfied with the response, it may ask the individual to refrain from taking photographs or filming, ask them to delete the images and/or ask them to leave the facility
If the request to leave the facility is not followed, then the School will contact the Police or security.
2.13. Request and obtainment of student photographs, images and video recordings
The School may provide a copy of student photograph, images or video recordings of a student to the student's Parent, if the Parent makes a written request addressed to the Privacy Officer. The Privacy Officer will assess each request on a case-by-case basis in accordance with the Privacy Policy and any applicable laws in a timely manner.
The Privacy Officer will approve a request:
• if the photographs or video only contain recognisable images of individuals who are staff or students at the School (i.e. not third parties); and
• the School has obtained consent from the Parent(s) of the other student(s) that is/are recognisable in the photographs or video; and
• any other persons who may be in the photographs or video are not identifiable.
The Privacy Officer is required to deny a request:
• if the Parent(s) of other student(s) recognisable in photographs or video do not provide consent (for any reason) for their image to be provided to the Parent who has made the request;
• it is not reasonable to obtain the consent from the Parent(s) of all the students in the photographs or video due to the significant number present; or
• the photographs or video contain material that the Privacy Officer reasonably considers should not be disclosed, or contains the image of a child who is not a student of the School.
If a request is approved, the School will provide a copy of the photographs or video to the Parent, in the form agreed between the School and the Parent, once the Parent provides their written agreement to the obligations in clause 2.13 below.
2.14. Obligations of the Parent
If a Parent obtains photographs or video from the School after an approved request, the Parent must keep the photographs or video in their possession, and must not reproduce, display publicly, arrange for publication or distribution, or post the photographs or video online (including to social media).
If a Parent breaches any of these obligations, the School reserves its rights to take the matter further and will not accept any future request from that Parent for the provision of recorded media.
3. RELATED DOCUMENTS
This policy is to be read in conjunction with the objectives and aims of all other School policies and procedures concerning the welfare and protection of the students of the School. These include, but are not limited to:
- Privacy Policy
- Child Safety and Wellbeing Policy
- Child Safety Code of Conduct
- Parent Code of Conduct
4. RELEVANT LEGISLATION
- Privacy Act 1988 (Cth), including the Australian Privacy Principles ("APPs"); - Privacy and Data Protection Act (Vic) 2014; - Education and Training Reform Act 2006
- Copyright Act 1968 (Cth)
- Child Wellbeing and Safety Act 2005
Approver Staff Executive
Authoriser Staff Executive
Document Owner: Deputy Principal
Version: 2
Title:
Reference Number: SCO-POL-011 Page: 5 of 5