Funny you should mention that…
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Yes, unless they are being employed as a photographer in which case the employer owns the copyright. I am sure I once read that the subject in a photo also holds some rights over it but I cannot find a reference now. Things will differ between private and commercial use of images.
Does this mean photos on social media should be taken down after 2 years? Or does that count as archive, as it’s date stamped…
I think someone needs to ask the question…
But who to ask it of? I don’t believe the authors of ACP50 are necessarily SMEs.
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I would consider those published photos so (and I’m really no expert, but that’s never stopped me before) I would assume they are then in the public domain so are allowed to stay up, unless someone requests they are taken down you are fine.
It would probably come under Crown Copyright if taken by an ATC staff member on duty.
Re the 2 year issue, I routinely give senior cadets photo albums when they leave, I therefore have to keep the photos for more than 2 years. If everyone destroyed their photos after 2 years we stand to start losing a lot of history!
If that member of staff would be counted as “an officer or servant of the Crown in the course of his duties”. As volunteers, I would dispute whether that is necessarily the case in all circumstances. If formally engaged (ie, employed) as a photographer, then sure; but in other circumstances?
Especially true now given the removal of the VR(T) commission. Does a CFC confer the ‘Officer of the Crown’ in the same way?
I know if you enter into the photo comp becomes crown copyright. Which I think is a bit unfair
The author of ACP 50 is head of MC for the Corps and she is very much so a SME.
A secure way to store archive photos would be either on disks (which would end up taking a lot of space up or external hard drive in theory you could add to it as you go or every year you could download and archive all of your images. I would then be storing this in a secure fireproof lock box as it will be secured and if there is a fire you will still have access to it. You could even scan your archived photographs from yesteryear to secure them as well.
As mentioned you could keep an electronic list of cadet permissions for the photo’s / video’s.
Just a reminder that SME stands for Subject Matter Expert, not just somebody who happens to do the job.
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I stand by my comment. It’s not my place to name her (anyone with sharepoint can find her), but she knows what she’s talking about.
isn’t that one function of the SMS? All personnel records stored on a secure MOD server, and then archived just in case it’s needed?
how long are permissions held on it ?
I wouldn’t say I’m on it and i left in 2007. By having a excel document done by year it’s a backside covering exercise for the future is it not ? unlike photo’s from the 50’s etc we would have documents stating that we had Cdt Bloggs in 2015-19 and photographic consent from the Cdt and Parents
I’d assume that the bader archive will be in line with the 3822A/staff file retention policy at the time?
IIRC, we used to need hold onto the information for 7 years after cadets reach 18. Then we could destroy it. Now, we hold onto it for longer in case of historic sex abuse claims, but the information is more secure.
Creating spreadsheets runs foul of the RAFAC policy on data protection, especially if you add contact details, addresses etc.
Before GDPR, was the onus on the cadet to prove they had withdrawn consent for photos, or was it on the organisation to prove they had? Was photographic consent even law in 2007?
Just as a point of technicality…
The 3822A doesn’t ask for consent to take photos… It asks for consent to use the cadet’s image to “promote the ATC”.
A parent could withhold permission for Little Johnny’s photo to be used on a public website/leaflet/advertising campaign/&c but that would not prevent the cadet from appearing in a camp/course/general ‘internal sqn use’ photo.
If a parent is withholding consent then, as has been said above, I consider it important to understand why as that very well MIGHT affect the taking of general photos.
Or it might just be that they don’t want Johnny in a magazine.
3 years after the persons 21st birthday is the requirement. Most companies/organisations keep them an extra year or 2 to be safe.
It’s to do with any claims being made.
A young person will not be legally “fully” developed until their 21st birthday. They then have 3 years in which to make a claim against someone.
We have had to do it for any “young person” we employed and the same for my friend who is a football coach.
The clock starts ticking at 18, not 21. Though they can apply to extend it
As I said consent or not, we have no control over what other people take and use in terms photos, films etc and where and how they use them. So having consent or not is a moot point. I have explained this to social workers when we have had LAC join. All I have said is we won’t take photos with them in.
As for storage we have a 1TB external drive as I cannot ever see a time when anyone could want to look at or use a photo of cadets when they aren’t at the sqn, so no to online storage.