Can a Teacher Photograph Your Child and Post it on Social Media?

By Carly Uliss

Every year new developments are made in technology, and with those developments come new developments in social media. However, with these developments, many concerns have followed. The concept that once something is posted on the internet it is there for forever, is incredible, but also quite unnerving. Many parents have become rightfully protective over their children being posted on the internet before their children can even post, share or type themselves.

With these parental concerns, new protocols have been implemented into daycare and elementary school systems. Certain protocols have existed for quite some time, such as waivers, but school systems and parents are cracking down now more than ever.

These concerns are not to be taken lightly, as some child care providers have been sued or fired due to this type of conduct. With that being said, it is imperative that teachers and daycare providers are aware of these repercussions and do not accidentally overlook the smallest detail in a clip or photograph. Many details in photos or video clips can go unnoticed and seemingly inconsequential. However, it is clear after recent events, that no forgiveness is to be given even if it was an honest mistake by the caretaker.

With the continued growth in social media, it is obvious that this type of technology will continue to become a part of classroom learning, but with these heightened demands by parents, many teachers are falling into these pitfalls without even knowing.  Child care providers are often told not to capture a child on camera unless the parent has consented, but now teachers must look to eliminate a child’s handwriting, jerseys, reflections, or any other identifying features of a child including those that go beyond his or her face in a photo. Additionally, teachers are now being told to remove children’s work from the walls of their classroom, as this could be another possible identifier if the name of the student is anywhere on the school work. Teachers should also refrain from using location services on their phone when taking pictures and should name files with generic titles instead of a student’s name.

While all of these suggestions for teachers make sense, the suggestions tend to make many teachers worried and apprehensive about using technology or social media in their classroom. It is clear that social media and technology is very useful in learning environments, as it is constantly being used throughout the world in schools.   This tension remains a constant battle child care provider are facing daily, as they try to balance a child’s right to privacy, parental discretion, educational opportunities through technology, and their own reputation as a teacher.

Moreover, these concerns are now extending to more informal areas as well, babysitting. As a photo and video sharing become easier due to advances in social media like Twitter, Facebook, and, more recently, Snapchat and Instagram, many parents are voicing their opinions and concerns about their babysitters posting photos of their children on social media. While some parents welcome the idea, there are numerous parenting websites that disgrace this activity. Parents share stories to other parents on these websites about how their babysitter posted a photo of their child without their permission.  Even when the photo disappeared after twenty-four hours on platforms like Snapchat, parents were still upset over the idea that their child’s picture is now somewhere in cyberspace and the parent should be the only ones posting photos.

It is clear that many areas of society are greatly impacted by these developments in technology, yet society has not found a way to ensure security for every circumstance. Privacy on behalf of children continues to be an area of concern for many parents, however, it seems that many child care providers have not solidified a perfect solution.  Just like many areas of society, there continues to be tension that pulls at both ends of this argument. Many providers are advising their employees to have explicit conversations with each and every parent about their child and whether the provider is allowed to record or photograph their child for school purposes. However, even with these explicit conversations, some forms of identification are slipping through the cracks. Do we continue to allow teachers to use technology and social media to enhance our younger generation’s educational opportunities or do we eliminate all social media from classrooms to ensure no trace of student identification is present on the internet? While many may argue that it does not have to be one polar end or the other, the time has shown that a middle ground is not easy to implement and picking one side over the other may be the only option.

Student Bio: Carly is a second-year law student and a staff member on the Journal of High Technology Law and has a Bachelor of Arts in English and Political Science from Virginia Tech.

Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.

 

 

 

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