Common Sense Breaks out this Christmas
Introduction
With the season of goodwill almost upon us and school Christmas nativity plays and concerts in full swing this week, many parents, grandparents and family friends will be relieved to learn that they aren't breaking any laws by photographing or videoing their children's star performances.
For years, parents have been told by many schools that they can't take a photo or a video of their own kids dressed up as Joseph or Mary in the school Christmas play because it breached so-called "Data Protection" laws.
But, just in time for Xmas, Ashfords solicitors say that the Government's information Commissioner -- the UK Government's watchdog over the use and misuse of personal information – has just issued fresh guidance to dispel the myth that data protection law prevents parents from taking photographs for personal use of their child and friends at school Christmas plays and concerts, as well as sports days.
So, from now on, parents and grandparents will know that they are doing nothing wrong by taking a photo or video for their own family's scrap book of one of the most magical and often funny moments in their children's upbringing.
Mark Lomas, Head of Intellectual Property and IT Law at Ashfords Solicitors, said: "For years, many parents and grandparents have been told by their schools that they can't take a photo or a video of their own kids in the school Christmas play for their own personal use simply because it would breach 'Data Protection' laws.
"In fact, it is not just Data Protection law that drives this policy but it is often the area that gets the blame. Child protection safeguards are the overriding reasons for being careful about such activities and great care must still be taken.
"But the good news is that a common sense approach will now be taken at least by the Government's watchdog on the data protection aspect.
"The Information Commissioner has just issued a press release and good practice note this week that makes it clear that parents and grandparents taking photographs and videos for personal use to put in the family album are not breaking data protection law.
"It must be stressed that there are still vitally important safeguards to be met from a child protection angle and schools will still be under a duty to continue take precautions on that front.
"However, this small change means that that all honest, well-meaning families can look back on these magical moments with untarnished pleasure and schools have one less worry on the legal front.
"I, for one, will raise a glass to the Information Commissioner this Christmas and hope that this is the sign of more of the same for the New Year."
It was a busy week for the intellectual property sector with this new, much-needed guidance from the Information Commissioner, plus the publication of the Gowers Report, the first major review of intellectual property rights in the UK for 20 years.
The Gowers Report was published alongside the Chancellor's autumn statement which will hopefully provide a major opportunity to create a better intellectual property system in the UK to benefit businesses.
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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