Is a private elementary school legally required to obtain parental permission to post pictures and videos of their children on the school’s website?

Does it matter whether the names of the children are included with the photos and videos?

Asked on September 10, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is a very complicated question to answer here and more information from you is needed.  The first thing that matters is who are you?  The parent or the school?  And who took the photos are what are they being used for or maintained for?  That impacts of the rights of schools and parents under FERPA - the Family Educational Rights and Privacy Act.  If you area aprent that does not wish their child photographed and pictures posted then by all means state so to the school in writing. If you believe that your rights have been violated speak with an attorney in your area who can get to the bottom of the issue with you.  Good luck.


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