Data Protection

  Micklemass 15:30 20 May 2004

I have always sort permission to include items on the website I run click here Can anyone offer advice on the inclusion of children's names? I did have league tables supplied by the LPSCA with them on and a helper has just asked about data protection. In the past I just used the first name and no mention of the actual school. They are now off the site and in the pending tray.

  PurplePenny 15:49 20 May 2004

the Information Commissioner's Office

click here

They have an information e-mail address on their Contact Us page. I've e-mailed them in the past and they were very helpful.


  Micklemass 16:20 20 May 2004

Many thanks Penny. Had looked quickly at the site and missed the contact details. Also a contact that actually replies and helps just like PCA


  Forum Editor 23:53 20 May 2004

no matter what the Information Commissioner might have to say. In broad terms you must seek a parent's consent before you publish the full name of a minor in a publicly accessible document or electronic storage facility (and that includes a website), if by doing so you identify the child in such a way that others might be able to ascertain who he/she is.

Your site contains images of children who are quite young, and any information which could lead to one of them being traceable should not be published without parental consent.

Leaving aside the Data protection aspect of your question I'm sure you appreciate that there are other concerns here.

  Talented Monkey 11:18 21 May 2004

Agreed FE, i was going to say something along similar lines. In this day and age of paranoia and suing would be extremely careful about putting info about kids up on websites. Some parents could not care less, others may blow their top to find a picture of their child that you have put up.

What I would do, is send out a permission form to all parents of the children who would be involved you put at least 2 options on the form “I give permission for my childs name to appear “ and similar for any images off them.

You can also play it safe on the website by not naming any children that appear in photos.

  Micklemass 16:10 21 May 2004

Thanks for the last two comments. Have always been aware of protecting the identity of the players having been the previous secretary for 20 years. Also this was a reason for never having names on the photo's (The one with names on are under 18's who said this was OK) and getting verbal permission for the photo anyway. Realise this should be a written concent now and the new secreatary is looking at the options given.

The close ups are all with parents permission otherwise I use general views of the competition. Perhaps on the entry forms a note to this effect could be given.

A note from a National Organisor was -

My personal policy - being a national site - is to put the counties of tournament winners, but not the town they live in or their school. I very
rarely use photographs. As your site is more of local interest, it is probably ok to give the school - most junior county websites do.

Thanks for the advice and am sure we will end up doing what is right and proper.

  spuds 23:27 22 May 2004

Don't forget that if you hold a living persons personal details [names,address's etc]on your computer, then you must be registered with the Information Commissioner's office.

  Micklemass 09:44 23 May 2004

Thanks spuds that's all with the secretary and have no information at all myself. Also have passed on all your comments to the comittee. Give them something to do these nice sunny days

  Forum Editor 11:56 23 May 2004

"that if you hold a living persons personal details [names,address's etc]on your computer, then you must be registered with the Information Commissioner's office."

You only need to register ('notify') as a data controller if you determine how the personal information is processed. Merely holding such information in a file or database for personal, family or recreational purposes does not require you to notify.

My guess is that your website content comes under the 'recreational purposes' heading, and therefore there would be no requirement to notify - although you may do so voluntarily if you wish. If on the other hand your activities could be classed as 'educational' then you would need to notify under the terms of the Freedom of the data protection act of 1998.

  Micklemass 14:50 23 May 2004

Even if there is no legal obligations under the act I think most of us concerned feel the parents views are more important and after all it is not the end of the world if the tables are not on the site. We get used to confusion as the other un answered question is -Is Chess a Sport? That led to VAT on entry forms and lack of funding through knowing what it came under. O happy days.


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