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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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We are a small business who teach children music in primary

Resolved Question:

We are a small business who teach children music in primary schools and are paid by the parents. Recently a tutor shared a video of a concert on youtube as a private link with the parents of that school. We have received an email from one of the parents who was concerned stating:

"We are considering to issue legal proceedings against Rocksteady (make some noise) in this matter under the "privacy laws" and invite the company director of Rocksteady to contact us as a matter of urgency within 7 days with his/her response to this matter in writing via email or post only."

We have removed the video in question immediately. In addition, our terms and conditions (which are not signed but sent afterwards) state

15. You consent to "company" using photography and video to help children with progress in lessons and for press and promotional purposes including use on "company’s" website. If you wish to withdraw this consent please notify "company" in writing.

Are we at risk of incurring any damages from this?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is this letter come from a solicitor or from the individual?
Customer: replied 3 years ago.

Hi Jo,


 


An individual, although I know the particular individual owns this company: http://claim4pain.net so likely have legal expertise.


 

Expert:  Jo C. replied 3 years ago.
Thanks.

You need to write back to them saying this.

Mark the letter “Without Prejudice Save as to Costs.” That means it cannot be produced as to any kind of admission of any wrong doing.

Send a copy of the terms and point out that they agreed to this. Tell them that in the interest of settling the matter quickly the post has already been removed.

There is no need to go into any more detail.

Can I clarify anything for you?
Customer: replied 3 years ago.

Thank you Jo. I would like to go into some more detail in order to maintain the customer relationship, specifically pointing out why this may have happened and what steps the company is taking to make sure it doesn't happen in future. Will this pose a problem so long as we have the "Without Prejudice Save as to Costs" line in there?


 

Expert:  Jo C. replied 3 years ago.
It appears that the other person is not as bothered about customer relations as you are.

Of course you can pad the letter out explaining that there is a documented consent to use it.

If you want to let me have a copy of your proposed letter, I will have a look at it for you.
Customer: replied 3 years ago.

Thank you Jo. We place a very high value on customer service and retention here. I've drafted the following:


 


Thank you for bringing this matter to my attention. Let me start by apologising for the distress caused by the video as this was certainly not our intention. I have removed it from Youtube personally this morning. If it eases your concerns at all, the video in question was listed as 'private', which means that a person could only view the video if they were sent a link, which in this case was limited to the parents subscribed to Rocksteady lessons at Kempshott Infant School. It was not searchable or viewable by people outside of this group.

Regarding how this may have happened, I assure you it is not standard practice to film concerts and share them, even with parents. In our terms and conditions which are sent out in a welcome email upon signing up it states


15. You consent to Rocksteady using photography and video to help children with progress in lessons and for press and promotional purposes including use on Rocksteady’s website. If you wish to withdraw this consent please notify Rocksteady in writing.


 



In real terms, up until now, videos have only been shared publicly for 'Band Of The Week' blogs, in which case the parents in question are contacted before it is posted. Otherwise, videos are kept privately for training purposes only. We maintain a list of parents who have chosen to withdraw consent and check our activities against this.

The Easter concert has been the first time we have shared private links in response to parents asking for videos, mostly in cases where they could not attend. Stacey decided to share the video with all parents of children playing. However, following the response, we have started implementing changes:




  • Last month we changed our sign up procedure to gain explicit consent at the point of sign up.

  • We have actioned a campaign to contact all existing customers to gain explicit consent starting the 22nd April.

  • Following your email, I have now updated our training for tutors on the use of videos, and included that videos are not to be shared outside of the company without explicit consent from the parents concerned.



I am also personally conducting research into this area over the next quarter as a result of your contact and reviewing all policies connected to it. I am keen to get a balanced input of views from both parents and schools and understand the subject as fully as possible and as such, welcome any further correspondence from you, via email, writing or telephone which you can reach me on personally on xxxxxxxxxx.

 

Expert:  Jo C. replied 3 years ago.
There are only a couple of points. I suggest that you do not apologise. That is an admission from what is written in your terms and conditions, it is not your fault because you have done nothing wrong. Whilst he may not be able to produce the letter in court, he may think that he has a case against you because you are admitting to him, that you have done something wrong. He may get on a bit of a mission particularly in view of the fact that he is clearly litigious by virtue of the business he is in.

Your existing clause 15 does give specific consent but there is no reason not to have it contained in a separate document which they sign specifically.

I would avoid saying that you have done anything as a result of his contact, but just say that you have done it since he contacted you as part of an overall review of the business model

Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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Customer: replied 3 years ago.

Thank you Jo. This has been very helpful.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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