Group/Crowd Photo Points: When you can’t get a signed release what do you do?
The conflicting interests are the privacy of individuals who are in the photographs and the public nature of our institution where the photographs are taken.
Thoughts to keep in mind:
Nothing is foolproof if someone decides to sue the CSU. We have never yet been challenged for misuse of any photographs taken on our campuses, and the risks that we might be are probably not too great, but care and common sense are the operative words.
When in doubt, get a permission slip signed.
Remember that the CSU is a public institution and people have a right to receive an education here. We cannot therefore “condition” their attendance in exchange for a release of their privacy interests.
That means, for example, that if students are required to be in a class as a part of their enrollment, we can’t condition their class attendance upon permission from them to be photographed. If photographs are to be taken in a classroom, one suggestion is that they could be asked to move to another section where they will not appear in any photographs.
In any situation, it is always better to get signed (could use a group sheet rather than individual signed sheets) permission, rather than assume that any continued presence implies consent to be photographed.
Public vs. “less-public” Sites:
- The more public the event, the greater leeway to take photographs without permission because there is less of a right to expect privacy.
- At a common site or general public gathering place, e.g., the campus quad, the expectation of privacy is less than in a more private zone – e.g., a dormitory or a classroom.
Much can depend on the purpose of the photo:
- For regular communication/informational brochures, etc., there is greater leeway to use photographs without offending privacy, than for materials that are used for a commercial purposes – e.g., to advertise events for which the university collects money.
- Development-related material falls somewhere in the middle. Not really commercial, but not as “safe” as just informational.
Directory information:
- Photos may be considered “education records” under FERPA, if a campus designates them as such.
- While that will not always protect every use of a photo, it will eliminate a privacy claim under FERPA.
- Students can opt out of having their directory information released, however, so it will be important to know whether the subject of a photograph has objected to the use of his/her directory information.
Videotapes:
If you are making a video, ask the person on-camera if they agree to be taped, that way you have their permission recorded.
Minors:
- There is no “minor” privacy interest that is different from adults. However, children cannot legally give their consent, and exploitation of children of very tender years will not be tolerated. Therefore, common sense suggests that it is wise to get permission slips from parents for all children in a campus day-care center.
- Some campuses routinely get such permission slips signed at the beginning of the year, so that they have on file. This is a good idea.
The public affairs offices should archive photo permission slips rather than the photographer so that they can be accounted for and accessed easier.
7/15/2005
Colleen Bentley-Adler
Chris Helwick
