The AP is regularly asked the question whether or not schools are legally allowed to publish pictures of their students online. In its response, the AP stated that children are a vulnerable group. Therefore, especially in this day and age, protecting children’s right to privacy is of the utmost importance. It also pointed out that camera footage and pictures indeed qualify as personal data, therefore, the Wbp applies.

Accordingly, the AP pointed out that schools require to obtain consent from the students prior to publishing any images relating to them. Moreover, if it concerns an image of a student younger than the age of 16, the consent of the responsible caretaker needs to be obtained. It also stipulated the three conditions for consent, which in short requires consent to be given freely, clearly, and specifically. Moreover, such consent can also be revoked. 

Furthermore, the AP urged schools to implement the appropriate technical and organizational measures in order to adequately protect the privacy of their students. It for example suggested to only publish pictures on closed environments that require a secured password for access.

Finally, the AP pointed out that with the entry into force of the General Data Protection Regulation (GDPR) in May 2018, the protection of the personal data of minors will be given even more importance. Not only will schools be required to take adequate measures, but they will for instance also be required to be able to show that they have taken the required steps to protect the rights of children under the GDPR.

The full statement of the AP can be found here (in Dutch only).