Has the school director the right to post photos of primary school students on information resources without the consent of parents?
Legal grounds: priority of the right to privacy
According to Russian legislation, the direct answer is no, they do not have the right. Posting photos where a child is identified without prior written consent of their legal representatives (parents or guardians) is a violation of federal laws.
Key normative acts:
Federal Law No. 436-FZ of December 29, 2010 “On the Protection of Children from Information Harmful to Their Health and Development”. This law requires compliance with the interests of children when disseminating any information affecting them.
Federal Law No. 152-FZ of July 27, 2006 “On Personal Data” (152-FZ). This is the main regulator. A photo is considered a biometric personal data (paragraph 1, Article 11), as it allows to establish identity. The processing of such data (including collection, recording, storage, dissemination) is permitted only with the written consent of the subject of personal data (Articles 9, 11).
An important nuance: For children under 14 years old, such consent must be given by parents (legal representatives). From the age of 14, a teenager can sign it independently.
The consent must indicate specific purposes of processing (for example, “posting on the school’s official website in the “Our Achievements” section”), methods of use, and may indicate the term of its validity.
Article 152.1 of the Civil Code of the Russian Federation “Protection of the Image of a Citizen”. The publication and further use of an image (including a photo) are permitted only with the consent of this citizen. After the death of a citizen, such consent may be given by their children or spouse. For minors, consent is given by parents.
Exceptions (Article 152.1 of the Civil Code of the Russian Federation) that are NOT applicable to school photos:
The image is used in state, public, or other public interests (for example, the se ...
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