In the first part of "Photograph of minors: Legal Aspects to consider" We have talked about various situations common to all and tried to guide you on what can or cannot be done well, whether we are the photographers, well be the parents of the children photographed. In today's chapter, we will finish off some more aspects.
Public acts: Social use
We commented on the other day the issue of educational centers and the appropriate permission to take photographs. Well, that permission tried to safeguard those responsible for making photographs of possible legal problems. But not quite.
Insist on the following: the image is a personal data and therefore its treatment is subject to the regulations on Protection of Personal Data (collected in the LOPD and its corresponding regulation of development of the same law). Therefore, the first thing to keep in mind is that express consent is needed for this. And for that consent to be valid it must be clearly indicated what use It's going to make those images. That is essential, without specifying that use the consent is not valid. But we delve into the issue of public events.
One of the many problems is what to do when the parents of a minor object to having their child's image captured / photographed at a public event in the center. Consider the example of a theatrical performance where many students participate.
Being strict, if I, as a father, do not authorize the taking of photographs at school, you can not take photographs in which my son appears and then be treated to blur his face. Being strict with the law in hand, I repeat. The truth is that these cases do not usually occur, since "separating" the boy or girl from the photographs is usually avoided by most parents, as one of our usual fears as parents is the integration with their partners.
According to many jurists, in the event that the recording or capture of photographs is exclusively for memory of the families and archives of the educational center, in principle the commonly accepted social use of recording and photographing this type of Public acts on the absence of consent.
The right of opposition
When do you have to ask Excuse me as a photographer? As a photographer when you take a picture in which the object occupies 50% of the surface or a clear spot. That is, it does not matter if when leaving a museum, while on public roads, you take a photo and a minor slips into the photo. But it is not the same if you approach you take a picture of a child that you do not know about anything and do it without the permission of their legal guardians, there you may encounter problems.
The main problem is when the bond of trust parents / guardians and photographer is broken for some reason, be it a friend, family or a photographer hired. In those cases, what to do?
Let's take the example of the educational center. In the event that the parents of the boy or girl insist that their image is not captured during the theatrical representation that we have set an example in the previous section, there are only two options: that the children do not take part in said representation or not No picture is taken.
In either case there are harmed. In the first case the children, who, as I have said before, are socially separated by virtue of the protection of the parents over their legitimate right not to take pictures of them and in the second, the parents of the minors who do feel like having A souvenir in the form of video or photographs.
