The hatching of the social networks On the internet, it has often led to excessive and exaggerated examples related to the photography of both adults and children. Made these by which many dads and moms do not want to see even a photograph of their children in such areas. Others, in changes do not put any objection. Whether from one opinion or another, it is convenient to know the legal aspects to take into account about the photography of minors, especially children and babies.
Photographs to family and friends
As a photographer and father I consider that always, to avoid problems, however close the relationship with the parents of the child or baby is, it is better to have a written consent: a signed document authorizing and specifying the various photography uses or some type of authorization for the realization of the photographs, if there is nothing at hand even if it is on a signed "napkin" (as Picasso did) by putting the date or an email. Something better than nothing. There is even some application for iPhone and Android out there for these matters. Well it's not that I say it, it's that the laws say it, let's see.
But also think that we are at a birthday party with our camera and we want to take some pictures of some of our children's cousins, for example. Later we want to upload them to our Flickr gallery or to Facebook. In those cases, ask the parents and in addition to being told, send them an email asking them for permission to upload it to the internet and if they say yes, go ahead.
Sofia, daughter of our partner Lola RovatiIn my case, I have a family that is not funny to see a picture of their children on Facebook or Flickr, so I totally respect their position and when I take a picture I do not upload them to the internet at all. I send them directly and ready. On the other hand, other relatives have given me "express consent", I have kept that email that told you separately but I also have no problem removing it if they decide to exercise their right of cancellation. It doesn't make me funny if someone publishes a photograph of my children without knowing what or where.
In professional works
A professional photographer should know that when doing a photographic work to minors if the images are intended to be published on the Internet, books, yearbooks, magazines or other publications are considered as Personal data provided that children can be identified (usually by the face). That is why in many magazines you will have appreciated that the faces of the children of celebrities become blurred or blurred to "save" that aspect with respect to the Law of Protection of Personal Data.
Therefore, in the case of professional work in which the model is a minor, you must sign a transfer of rights document by the legal guardian of the child and the photographer. It is an aspect that we will see in more detail another day.
Obviously, to our photographer of the neighborhood to which we are going to take the photos of the children for the living room, it must not occur to present the photograph of our children to a contest or sell it to a publication without our consent since that was not the purpose of the realization of photography. If so, and if one of the previous assumptions of publication were given, we could find ourselves in trouble.
The image of a person, their physical representation, is considered as a personal data since it allows to identify the specific person. (art. 3 LOPD)
The blissful public road
Any thing The fact that it is on public roads can be photographed freely, without the need for permission or authorization and it could only be prevented by a competent authority from obtaining photographs if force majeure or public interest causes that justify such intervention concurred.
But this does not turn out to be applicable to people as an “object” of your objective: the capture of images of people in the street and the subsequent use in your blog of that image will always require the express consent of the affected. Moreover, in the case of minors in which express consent from parents / guardians is required, according to art 3 of Organic Law 1/1982, of May 5, on Civil Protection of the Right to Honor, to Personal and Family Privacy and the Image itself.
The stolen photographs are photographs taken of a subject without him noticing to show a more natural look. However, if someone is taking photographs of your children on public roads without your consent, you can kindly ask them to stop doing so and / or delete the photographs (although we already know that they can be recovered by computer programs available to almost anyone). If we have noticed something suspicious we must notify the authorities but knowing some things.
Victoria, daughter of our partner Lola RovatiThird Article One. The consent of minors and disabled persons must be provided by themselves if their conditions of maturity permit, in accordance with civil law. Two. In the remaining cases, the consent must be granted in writing by its legal representative, who will be obliged to inform the Prosecutor's Ministry of prior knowledge of the projected consent. If within eight days the Prosecutor's Office objects, the Judge will decide. (Organic Law 1/1982, of May 5, on Civil Protection of the Right to Honor, Personal and Family Privacy and the Own Image)
It is precisely point 1 that makes the "distinction" unclear. But we could understand that younger children are legally unable to consent or not. The older ones, yes. The border will be marked by a judge.
Well, in case of notifying the police because, we simply do not trust a stranger who takes photographs, the agents can requisition the memory card and make it available to the courts but in no case can they proceed to erase the images. This fact can only be ordered by the judge, who is the one who must assess whether there is the commission of the fact that in his day and prior complaint of the parents / guardians of minors (children), will be subject to the corresponding judicial procedure. If there is no corresponding complaint, there is nothing to do. In general, the photographers are good people, in case you don't know.
The school photos
Increasingly, the schools, from the earliest ages, are aware of this issue. It costs nothing to ask for one authorization to parents / guardians regarding the well-known class photo or about any specific activity and clearly indicate the purposes or use (very important fact) of said photographs (if it is for class, to put it on the center's website or to mount an audiovisual).
In this regard, some time ago, in our sister blog of Peques and more addressed this issue in particular:
In the event that the images are published on the Internet, if the parents or guardians of the minor wish, they may exercise their right of cancellation before the person responsible for issuing the file so that the images of the minor are removed from the website. Said right must be addressed within 10 days, as indicated in article 16 of the LOPD. In another case, those affected may seek the protection of the AEPD (Spanish Agency for Data Protection) in the manner provided for in article 18 of the same standard. This is without prejudice to the possibility of urging the AEPD to exercise its sanctioning power. In general, these laws apply in all workshops, activities, schools, etc. to which we go with our children. Many times we go crazy with the dangers of Social Networks but we do not pay attention to parties, events, celebrations and children's activities in general where photos are taken of which its final use is not known and that can end up on the Internet.
Therefore, it is clear that the center should ask express authorization of the parents or guardians regarding the taking of photographs in the "cole". In the same way as when express authorization is requested for the assistance of our children to an excursion, for example.
If they don't do it in your center, insist. It is not a matter of refusing the photo of the school, but of doing things right, correctly. This way we will avoid all future problems. More "dangerous" seems to me what the comrades of Peques and more referring in the second paragraph (such as the situation of the family party) to the usual situation of mobiles and cameras that go everywhere in these events where the final destination of the photograph is not known what it is.
To be continue…
In the next chapter I will tell you about what happens when we are in public events and how to exercise our right of cancellation in the event that we must request the withdrawal of any photograph of our children. And of course some more details. Until the next chapter of our Baby and Children Photography Special.
