Article
Public spaces, private faces: legal issues relating to the use of school photographs on websites
Journal of Applied Law and Policy
(2009)
Abstract
The growth and use of social networking sites worldwide has by all accounts been a
remarkable global social and cultural phenomenon. Social networking sites have brought
both opportunities and challenges, and have certainly raised some legal issues and
concerns especially in the area of privacy and safety. Schools have also had to deal with
the ever increasing use of social networking sites by students, as well as by teachers and
parents. Although social networking sites are popular with students and teachers, and may
provide useful educational tools, they have raised concerns about students and others
posting personal information, including photographs, of students on websites for the world
at large to potentially view and access. Given the concerns about privacy and safety, some
schools have moved to ban the taking and publication of school photographs, other than
official school photographs, in the interest of student safety and privacy. However, this has
caused some confusion about when photographs at school and away from school may be
taken, by whom and for what purpose. The purpose of this article is to clarify the legal
position regarding privacy rights, and the rights and limitations of taking photographs
within the school context. The first part of the article provides a brief overview of privacy
rights and protection of personal information in Australia. The second part of the article
discusses the taking and use of images of students for school purposes and a school’s rights
to regulate the taking and use of students’ images by others. The article concludes with a
few practical policy guidelines.
Disciplines
Publication Date
2009
Citation Information
Bunn, A., and Squelch, J. (2009). Public spaces, private faces: legal issues relating to the use of school photographs on websites. Journal of Applied Law and Policy, 2009, 55-64