Can a school publish a child's information?

Under the Privacy Act, the starting point for schools is that you must look after your students’ information and not release that information to third parties, unless that is one of the reasons for collecting it or you have been given clear permission to do so. 

Schools need to make their purposes clear when they collect information from students and parents. Principle 4 of the Privacy Act states that an agency can only collect personal information by means that are fair and not unreasonably intrusive, particularly when it is being collected from children or young people. Schools should be open and transparent about how they intend to use student information; this should also apply to photos or any other type of recording. 

Many schools use photos of students in school publications, websites and on social media pages. When a child enrols in a school, the school usually asks parents to confirm that the school can use information, including photos of students, in its publications. 

Students should be able to opt out of having their photos used by the school. A student or his or her family’s refusal to have photographs or other personal information published on a school’s website or internet is not a ground to refuse enrolment. It is an optional activity and consent should be obtained. 

Updated December 2020