Can the school share photos of my child?

Schools may only share photos of your child if you have given explicit consent for this. You can always withdraw this consent, even if you had previously given it. This right to privacy of your child is legally protected by the GDPR and it is important that you know how to maintain control over this.

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The short answer

Schools always need your explicit consent before they can share photos of your child on websites, social media or in newsletters. A general consent upon enrollment is not enough - the school must clearly explain what the photos will be used for and where. You can withdraw your consent at any time, even in the middle of the school year. The school must then stop sharing new photos and remove existing photos as much as possible. If the school shares photos without your consent, they are violating privacy laws.

What does the law say?

The General Data Protection Regulation (GDPR) provides extra strong protection for the privacy of children. Photos of children count as personal data and sometimes as special personal data. For sharing these photos, the school needs a lawful basis, usually your consent. The consent must be freely given, specific, informed and unambiguous. This means you must know exactly what you are giving consent for.

1GDPR Article 6: Lawful basis required for processing personal data

2GDPR Article 8: Extra protection for children under 16 years old

3GDPR Article 7: Consent must be freely given, specific and informed

What should you pay attention to?

Pay close attention to what is written in the consent form the school presents you. Check if it clearly states where and how the photos will be used. The school cannot lump all photos together - the website, newsletter and social media each require separate consent. You also need to know that giving consent for school photos is different from giving consent for publication of photos.

1Carefully read the consent form the school presents you

2Check if the purpose of the photos is clearly described

3See if you can give separate consent per platform (website, social media)

4Ask about the retention period of the photos

Example from practice

Sarah gives consent for placing photos of her daughter on the school website, but not for social media. During the school carnival, the school takes photos and posts them on Facebook without asking for separate consent. This is not allowed, because Sarah only gave consent for the website. Sarah can ask the school to remove the photos, and her consent for the website remains valid. The school should have asked for separate consent for the Facebook post.

What can you do?

If you want to withdraw consent or if the school shares photos without consent, you can take concrete steps.

1Contact the school in writing and request removal of the photos

2File a complaint with the school management if they do not cooperate

3Report the violation to the Data Protection Authority if the problem is not resolved

Conclusion

Your consent is always required before schools can share photos of your child. You have full control over this consent and can withdraw it at any time. If you encounter problems, you can always seek help from the privacy supervisory authority.

Frequently Asked Questions

Can I give consent for some photos but not others?

What if my child is in the background of a group photo?

Can the school keep photos if I withdraw my consent?

Does this also apply to school trips and sports days?

Can the school force me to give consent?

What if other parents take and share photos with my child in them?

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