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@Gush@lemmy.ml
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deleted by creator

Lol nice letter, very professional

JokeDeity
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Odd thread for so many bootlicking attitudes.

@Gush@lemmy.ml
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What is that supposed to mean?

JokeDeity
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I’m just surprised so many people are on the side of corporations and bullshit contracts that allow this shit. People seem to be against their own freedoms as long as someone can paint it to them as a beurocratic issue instead of a morality.

My child’s school sends out a clearance form at the start of every year asking for or to withhold consent. If your parent’s provided consent, I’m not sure what more you can do about it.

Not sure about how it is in your country but in Germany each state has a “Datenschutzbeauftragte*r” (data privacy commmisioner) employed by the state which you could contact with issues like this.

Schools have a duty of care to their students and there are plenty valid reasons to not want your face on the internet. E.g children who have been adopted from abusive families, threats made to children or their parents etc.

You can be polite about it and not confrontational. Just tell them that you’re unable to provide further information on it at the moment, but that you need them to take any photographs of you off the internet and refrain from posting anything in the future.

Let them fill in the blanks with whatever story they want.

Oliver Lowe
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You can be polite about it and not confrontational.

Really important. Coming from a place of mutual respect is a really nice - even underrated - way to make progress in the privacy space!

I agree to be polite. Respect has to be earned, though.

This mindset is ridiculous to me. If you bump into a person on the street are you going to put them through some weird test to make them earn your respect before you apologize? Should a child in school just disregard teachers instructions until they’ve earned his or her respect? How about we all just respect each other. This doesn’t mean you have to kneel down and worship everyone who crosses your path.

Depends on the definition of respect. It ranges from “not being an asshole to them” to putting them on a pedestal.

Being a teacher (or just being older) does not automatically mean you should be respected. All of my teachers in schools were worthy of respect, except two. One of them was a spiteful hag.

I’d talk to a counselor about it and explain how it makes you feel uncomfortable.

👁️👄👁️
cake
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You just go about your day and leave it up like a normal person

Good way to be cast out as a social weirdo at school

Shut up hivemind conformist

There’s being privacy minded, and then there’s being a social outcast. They’re really crossing the line here.

For me, it’s more about consent, they really just did that, tf?

It’s a picture. You’re in public. Yes.

@Gush@lemmy.ml
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I wasn’t in the background of the picture, i was IN the picture, i was part of the picture and it wasn’t a normal school picture but one intented to be a promotional thing for the school (erasmus, search it up if you don’t know it’s meaning) and i did not give consent about those being posted on instagram

Understood, but you have no say in the publishing rights of a photo. Even if you’re in it.

That’s not how it works at all lmao. I recommend you read article 4 point 1 of GDPR (and point 2 for good measure). It really is enlightening!

@Gush@lemmy.ml
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Are you serious rn

Look at your school’s policy manual. There’s likely a policy regarding what they can and cannot do with images of students. Every school I’ve worked for has some kind of policy around this. In all of them I’ve read you can opt out of photos being published, but there’s usually a caveat that by participating in any school sanctioned event, participation is considered consent to be shown in photos and video of the event.

In schools, they normally have parents fill out a form giving consent to use a student’s picture. There should be a way to revoke that consent.

It’s opt-out in a lot of districts now

Which country are you talking about? Us federal law required consent to opt-in. As far as I know, FERPA hasn’t received an update concerning that.

The US - with obvious exceptions, photos of students can be designated by a district as directory information (which many do, hence opt outs being common)

That’s interesting, I didn’t realize that a photograph counted as part of the directory information. I figured that was why photos are included in the list of items on the parent consent forms sent out every year.

It was my understanding (from admin, teacher professional orgs, and teacher unions) that pictures on websites and social media need consent to be posted. So we were told that any student without a consent form had to be edited out or blurred on any picture posted anywhere.

but there’s usually a caveat that by participating in any school sanctioned event, participation is considered consent to be shown in photos and video of the event.

This is pretty hostile. “If you attend any school events then we own your image”? The fuck?

As someone who had done photography for school events, thie policy exists because I don’t know one kid from another, and when I have dozens of shots with 400 kids in them, some are going to slip through the cracks when photos are posted online.

You could also just not post those photos online?

Or if you must make such a careleess decision, blur out evey childs face

Or maybe make free, optional events optional and ask that parents that have their kids participating with the waiver.

If it’s that important to keep your kids out of any photos, they shouldn’t be attending the events in the first place. Even if ai don’t post pictures online, SOMEBODY will.

I’ve done photography for events in very sensitive situations, including an event at a boarding school for abused children facility in a secret location where the identities of children are kept secret so their abusive parents can’t find them. In that case I framed shots to not include areas where the kids were located, cut the video recordings any time a kid went up on stage for any of the presentation, I cut any audio where any child’s voice was noticeable among the crowd or any times a name was heard. With weeks of proper planning it can be done.

And the next day there were hundreds of pictures all over Facebook b cause everybody has a camera a in their pocket and I can’t control for that.

Hard agree.

In many cases, its a CYA policy just so they don’t have to ask permission for every single image. Hopefully they’re the respectful type that will either remove or blur the student upon request.

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Out of curiosity, is it just rights to use or ownership rights? Not saying the former is good, but it’s still better than the latter.

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That’s straight-up extortion and theft.

wasney
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I mean, publics held functions usually mean to expected right to privacy, at least in the USA. No different than filming anything else in public.

I still would tell OP to check their handbook, and from there go the route of asking staff in the office if they can remove them.

Yes, schools are businesses these days. Businesses don’t want to actually do effort to get consent.

They also don’t want to be sued, so yes, this is the lowest effort way to limit their liability.

@Gush@lemmy.ml
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I’m from italy, i don’t think these kind of things exist in italian schools. At least i never saw them myself

Pretty sure it’s mandated by the EU

plz1
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You may be able to use GDPR to get them removed, but it may be easier just to get the school to take them down.

If those are pictures in public places good luck. In a comment you said that those pictures are related to an erasmus experience (semester abroad), which probably means you signed some papers to do it (or your parents on your behalf) so you might have given your consent.

You can always retract consent and request deletion of personal data after the facts, no justification needed (GDPR article 17).

@Gush@lemmy.ml
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I wasn’t in the background, i was part of the photo. There are me and other 5 people or so

Burn your school down. #YOLO

but seriously tell them ( in writing) to take it down and if they don’t, get a lawyer to send them an official request to remove it. Or just fake an official letter, teachers aren’t going to question it’s authenticity.

Generally, schools are a public space (unless you’re in private school). You have no right to privacy in public, nor do you have copyright on the photo. You can request they remove it here: https://help.instagram.com/contact/504521742987441?helpref=page_content but there is a good chance they won’t.

Edit: you live in Italy which has a specific law that photos of children cannot be published w/o permission. Just mention that and they’ll likely remove it.

That is remarkably not the case in the European Union. There is no exception to GDPR with respect to public places. The only legal basis for using public personal data without consent is to do it under legitimate interest basis (GDPR article 6, very specific exceptions exist). In that case, you must use the public data in a way that the data subject would reasonably expect (GDPR recital 47). Taking a picture of somebody in a public place and sharing it without them knowing is definitely unlawful, assuming free consent was not given.

@Gush@lemmy.ml
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Oh thanks for the link, i will try that and let you know

SGG
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Most schools track a students “publishing permission” or similar, basically a checkbox in their systems that says if a student/their parents have consented to allow pictures of the student to be published by the school. It could be that your parents did not opt out, or did opt to allow publishing pictures of you.

You should check with your parents and the school. If you’re afraid of retaliation and don’t want to check, there’s really nothing else to be done.

Get an attorney to send them a letter. It’s not childish if it comes from an attorney. They can also vet if you have a legitimate claim in your country.

newIdentity
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And where should they get the money from?

@Gush@lemmy.ml
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Bro i’m literally a minor

There are no rules on who is allowed to ask for the help of an attorney. A letter like that is maybe $300.

If you’re in a public place (in the US and UK at least) you give implicit consent for people to record you, and they do not have to delete those photos on request. But Facebook might delete the photos from Instagram anyway if you contact them to try and get good PR. Not that Facebook has history of caring abouts users’ privacy…

That’s true while on the street or in a public park. That does not apply to students at a school function. There are laws protecting students in such a situation, which is why in the US, parents have to give permission for images of students to be published.

Celofyz
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They may have right to record but they don’t have right to put photos on instagram

In the US they do. Schools may have policies respecting privacy but the current case law around the First Amendment supercedes any laws against publishing photos or videos taken in public online. I know OP is in Italy tho.

hypelightfly
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OP isn’t in the US but you’re wrong here.

Even in public spaces schools are limited with what they can say or publish about kids FERPA. Including pictures. They must have explicit parental consent.

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

You’re misunderstanding policies vs laws. Their employees have to follow their policies to keep their jobs. There is no law preventing taking and sharing images taken in public places.

hypelightfly
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Yes, there is (for schools and their employees). I literally cited the law.

Thank you for the clarification, I humbly accept the correction. I guess I understand why it was written into law to force all schools to comply but when it is only enforceable upon school staff it still feels like a policy because it doesn’t affect the general public. But you are 100% correct.

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