Photos and filming

Your organisation must get permission or consent before taking photos or film of any one taking part in your activities.

Photos and videos are considered ‘personal data’ under the Data Protection Act 2018. If your organisation stores images or recordings of children for official use, you must comply with the Act’s requirements. Separate consent is needed for images published on a website.

Photos and filming by individuals 

It is important to have measures in place to prevent unauthorised taking of photos or videos during your events or activities. You will also need to consider how you communicate this so that people know what they can and cannot do. 

This will need to be reviewed and kept up-to-date as technology changes (for example, the development of smart glasses which could be used by an individual to take unauthorised photos of children in your venue or activity).  

It is not illegal to take photographs at a public event even if asked not to do so, but if your event is private then you can insist that your own policy is followed.

Photos and filming by your organisation 

It is often considered important to have memories of special moments and achievements to be able to look back on. Your organisation must get permission or consent before taking photos or videos of anyone taking part in your activities.

In line with data protection, organisations should get permission before any photos or videos are taken to ensure vulnerable groups are kept safe. Appearing in photos or videos may put some people at risk, for example, people experiencing domestic abuse and care-experienced children.

You should: 

• Get permission from children and adults before a photo or video is taken.  
• Be clear on what the images will be used for. 
• Use group photos as much as possible 
• Never identify a child by name or other personal information. 
• Get written permission from parents/carers if images of a child are going to be used on the website or public promotion.  Permission must be sought from parents if a child is in voluntary foster care (section 20) or discussion take place with the Social Worker if in Local Authority care 
• Not use any photos where a child can be identified by their name or location.

Things to consider: 

• You can ask parents/carers to let the organisation know if they do NOT want their child photographed or filmed.
• Children, young people and adults at risk should be warned about the dangers of being photographed or filmed and advised on how to stay safe.
• People must be informed that they can withdraw permission for their image to be used at anytime. 
• The worker should write to parents/carers to explain what is happening and who they should contact if they have any questions or want to withdraw their permission. 
• You should make a distinction about where photos will be used, for example, publicly or available to a closed group online. 
• Make participants aware if you are live streaming an activity