To ensure the collection and use of student photographs and/or film in schools:
Principals must:
Note: Schools must ensure that a professional photographer engaged by the school sign a Confidentiality Deed prior to being permitted to take school photographs.
Photographs, video or digital images of a student are considered “personal information” and therefore their use and disclosure are governed by the Information Privacy Act 2000 (Vic) (IP Act) and the Information Privacy Principles contained within it. Photographs, video and digital images of students may also contain copyright, and therefore may also be governed by the Copyright Act 1968 (Cth) (Copyright Act).
Note: In some cases it is better to use groups rather than individual photographs.
To comply with the IP Act, consent will generally be required from parents/carers before schools can collect and use student photographs and film. In some instances, additional consent may be required to ensure compliance with the Copyright Act.
This table summarises what documentation is required to enable schools to collect, use and disclose photographs, video and digital images in certain circumstances.
| Collection type | School Use | Disclosure to third parties | Documentation required |
|---|---|---|---|
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Official school photographs
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Other school photos, video, film, digital images
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Closed circuit television (CCTV)
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Prohibited in the following circumstances:
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Note: Contact the Legal Services Unit to obtain advice about your particular circumstances |
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Schools also have a degree of control over the collection of photographs, video and digital images by third parties during school hours and at school approved activities.
This table summarises what documentation is required to enable third parties to collect photographs, video and digital images in these circumstances.
| Third party | Documentation required |
|---|---|
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Parents / guardians |
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Students |
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School photographer |
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Other professional photographer |
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Media |
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Schools should develop a policy about photographing and filming students. This policy should include information about:
The school-level policy should be regularly communicated to the parents/carers and students.
This table describes the consent forms and their purposes that schools should be aware of :
| Form | Purpose |
|---|---|
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Specific Consent Form for School Photographs |
Schools usually arrange for a photographer to take individual, class or teaching photographs that are later sold to parents/carers. Before the photographer comes to the school the school must provide the parents/carers with a written notice of when photographs should be taken. This form must also include information about the storage of these photographs on CASES21 and the proposed use of the individual photograph on the student's Ultranet profile. Parents/carers can provide informed consent or withhold consent for the collection, use and disclosure of their child photographs at any time by contacting the school. If a parent withholds consent or 'opt out' of their child's school photo being use in the Ultranet a blank profile will accompany their child's contributions in the Ultranet. Note 1: In CASES21 the student photo is used by the school for educational and administrative purposes. Access to CASES21 is restricted to school employees approved by the school principal and Department technical support staff. Note 2: Access to the Ultranet is restricted and protected by a range of security safeguards. All users are bound by the Terms of Service and Victorian privacy laws, which prohibit the reproduction of people’s personal information, including photographs, without their consent. However, like any online or print publishing channel, it is not possible to prevent someone copying an image in the Ultranet and publishing it elsewhere, see: Student Photographs in the Ultranet. |
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General Consent |
Schools should develop this form for the collection and use of photographs, video, film, and digital images taken by the school. This should cover generic uses such as publication in the school newsletter, school magazine, on the intranet, and within the school. This form should be distributed regularly, preferably at the beginning of each school year. |
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Specific Consent |
Schools should develop this form for the collection, use and disclosure of photographs, video, film, and digital images whenever one or more of the following circumstances apply:
It is important that the form contains specific and detailed information about the proposed collection, use and disclosure. This will ensure that the school obtains informed consent from the parents/carers to collect, use and disclose the “personal information” of their child. |
Photographs, video and digital images of students may also contain copyright, and are therefore also governed by the Copyright Act 1968 (Cth). It may be necessary for the school to obtain a license from the student(s) to use and/or disclose this material. If the school is unsure whether a copyright release form is necessary in a particular circumstance, they should contact the Legal Services Unit for advice.