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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9335
Experience:  I have been practising for 30 years.
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Just wanted to ask was it against the law to take a video or

Resolved Question:

Hi. Just wanted to ask was it against the law to take a video or photos of my child in a residental unit even though there other children there. They take photos without my permission and put them up so I thoughtfully I could do the same. When they saw me they told me to delete the video clip and are getting social workers to get on to me about it and told me it was against the law to take any pictures or video without permission. I apologised yesterday when I took my child home and I'm taking him back to the residential unit today. The reason I do it is because my child gets hyper and can be hard to calm down and they told me to take him into the room and put a blanket around him with pressure which was last Monday and he could get hyper the filling weekend and it could be every other weekend as well as that. The point is I could be doing it the wrong way at home and I need reminders of how they do it. They told me it was against the law to take photo of my child and to be honest I don't believe them because if it was true why can photographers come and take pictures of first communion and confirmations and first day at school without parents consent and if it was against the law why can parents take pictures of there child when on holiday. After all parents want memories too and why can resential care staff take pictures without parents consent
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

It's not against the law in the criminal sense. However institutions such as schools as residential units will have a policy against taking photos unless all the parents of all the children consent to their child being photographed. It's supposed to be a child protection measure but for them to tell you it's illegal or against the law is not quite right in my opinion.

Expert:  F E Smith replied 1 year ago.

I see that you have given my colleague a negative rating and asked for a new expert.

I agree with what my colleague said. Maybe their own internal policy which prevents the taking of photographs except by some kind of official photographer appointed by them or by their own internal staff but it’s not something which is illegal in any criminal sense.

However I can tell you why they have this policy and that is because if their appointed photographer or staff are taking the pictures, then they are in control of the content whereas if you are taking them, you could be taking images anything for any purpose.

It may cause a problem internally with the management of the unit but it isn’t a criminal offence.

I find it extremely frustrating that innocent people take innocent photographs of children playing and everyone thinks that they are some kind of pervert taking images of children. However, apart from the fact that the world seems to be paranoid, what the centre is doing is trying (and going overboard in my opinion) to ensure the safety and well-being of those attending who may be vulnerable. That is how they would justify it.

If you just ignore the directive and carried on, they could of course refuse to carry on having the child but no criminal action could be brought.

Can I clarify anything for you?

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Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 9335
Experience: I have been practising for 30 years.
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