Photographing a child in public places: the limits of what is permitted

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Lawyer

Ukraine / Nikolaevkskaya area

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Publication date: 29.05.2024

Taking pictures in public places is a common practice, but certain legal norms regulate it.
According to the Law of Ukraine "On Protection of Personal Data", photographing is a type of personal data processing. An individual's right to collect, store, use, and disseminate information is limited by every other individual's right to privacy.
The Civil Code of Ukraine (Article 307) specifies that photographing a person must be carried out with his consent, with some exceptions. Consent to filming is assumed if filming is carried out openly in a public place. However, this consent is not unconditional, and if the person objects to the filming, it should be stopped.
 

Photographing children requires special attention. Children may be photographed or videotaped only with the consent of their parents or legal guardians. The mere presence of a child in a public place does not mean automatic consent to filming. If parents object, photography must be stopped.
The form of consent to filming is not defined by legislation, that is, it can be both written and oral. Since children cannot fully understand the meaning and consequences of their actions, parental consent to filming and sharing the image is mandatory.
If parents who have previously consented to filming change their mind, they have the right to request that images of their child be stopped being publicly displayed. In this case, the costs of dismantling the materials must be reimbursed by the parents.
Exceptions are situations when the photo can be distributed without the person's permission to protect their interests or the interests of other persons (Part 3 of Article 308 of the Civil Code of Ukraine).

The practice of the European Court of Human Rights shows that the publication of blurred images of children, on which their faces are not visible, is not a violation of the right to private life (the decision in the case of Kahn vs. Germany dated 17.03.2016), since the children could only be identified through presence of parents and accompanying text.

If your child has been photographed without your consent, you have several options:
Contact the photographer or organization: Ask them to remove the photos or stop using them. Politely explain that you did not give consent for your child to be photographed.

• Write a formal request: Send a written request to the photographer or organization that took the photos, asking them to remove the images of your child and stop sharing them. In the request, state that you did not consent to the taking and use of photos of your child. You can also ask for a legal analysis of the situation to have a clear understanding of your rights and options.
  Contact the administration of a public place: If the photography took place in a school, kindergarten, park or other public place, contact the administration of this institution with a request to intervene and help resolve the situation.
  Contact the police: In case the photos are used for commercial or other purposes without your consent, you can file a complaint with the police about the violation of your rights. Before doing so, it may be useful to consult a lawyer for the correct preparation of the application and analysis of the documents you have.
  Consult a lawyer or legal counsel: If your appeals remain unanswered or the situation requires more serious intervention, consult a lawyer or legal practitioner. A lawyer will help you draw up an official request or file a lawsuit in court, having previously conducted a legal analysis of the situation and a lawyer's review of documents. A written consultation is also possible if it is more convenient for you.
  Complaint to the Commissioner for Human Rights: You can file a complaint with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine regarding the violation of your rights to privacy and protection of personal data. It is a good idea to get a legal opinion or a legal opinion from an attorney to support your complaint.
  Informing the public: If your child's photos are shared online, ask the administrators of the sites or social networks to remove the photos. Many platforms have procedures for removing content that violates human rights. An online lawyer or an online lawyer can help with this by providing the help of an online lawyer.