Are school directors allowed to post photos of primary school students on information resources without parental consent?

Legal grounds: priority of the right to privacy

According to Russian legislation, the direct answer is no, they do not have the right. Posting photos where a child is identified without prior written consent from their legal representatives (parents or guardians) is a violation of federal laws.

Key regulatory acts:

Federal Law of December 29, 2010 No. 436-FZ “On the Protection of Children from Information Harmful to Their Health and Development”. This law obligates to comply with the interests of children when disseminating any information affecting them.

Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (152-FZ). This is the main regulator. A photo is considered a biometric personal data (paragraph 1, Article 11), as it allows to establish a person's identity. The processing of such data (including collection, recording, storage, dissemination) is permitted only with the written consent of the subject of personal data (Articles 9, 11).

An important nuance: For children under 14 years old, such consent must be given by parents (legal representatives). From the age of 14, a teenager can sign it independently.

The consent must indicate specific purposes of processing (for example, “posting on the official school website in the “Our Achievements” section”), methods of use, and may indicate the term of its validity.

Article 152.1 of the Civil Code of the Russian Federation “Protection of the Image of a Citizen”. The publication and further use of an image (including a photo) are permitted only with the consent of this citizen. After the death of a citizen, such consent may be given by his or her children or spouse. For minors, consent is given by parents.

Exceptions (Article 152.1 of the Civil Code of the Russian Federation), which DO NOT apply to school photos:

The image is used in state, public or other public interests (for example, search for a criminal).

The photo was taken in a public place at a public event (concert, rally, sports competition) and the child is not the main subject. However, even in this case, judicial practice tends to take into account the rights of children and parents if the image is used by the institution for its own purposes.

Thus, the “school information resource” (website, social media group) is not a public event, but a targeted use of a child's image in the interests of the institution itself, which requires consent.

Risks and consequences of violation

Posting photos without consent entails a number of serious risks:

Administrative liability. Under Article 13.11 of the Code of Administrative Offenses of the Russian Federation, fines are provided for violations of the procedure for collection, storage, or use of personal data: for officials (directors) — from 10,000 to 20,000 rubles; for legal entities (schools) — from 60,000 to 100,000 rubles.

Civil liability. Parents have the right to demand the deletion of photos and compensation for moral harm through the court (Article 151 of the Civil Code of the Russian Federation).

Reputational risks. Conflict with parents, negative attention from controlling bodies and the public.

Risks for the child's safety. Unauthorized posting of children's photos in public access may potentially be used by criminals (issue of digital security, tracking routes and habits of the child, risk of creating fake profiles).

Example from judicial practice: In 2020, a court in Novosibirsk satisfied the claim of parents against a school that posted photos of their children on its website without consent. The school was ordered to delete the photos and pay the parents compensation for moral harm. The court unambiguously qualified the actions of the administration as a violation of 152-FZ and the right to the image.

Practical recommendations for schools: how to act legally

Obtaining an informed written consent. This is the mandatory first step. The consent form should be detailed:

Clearly indicate the purposes of processing (for the website, for a poster, for social networks).

Indicate specific types of data (photo, surname and name, class).

Provide the possibility of withdrawing consent at any time.

It is better to obtain a general consent for the school year with indication of all possible formats than to collect it for each event.

Compliance with the principle of minimal sufficiency. It is not advisable to publish full names along with photos. Allowable: “Students of 3rd “A” class”, “The “Experts” team”.

Emphasis on group and reportage photos. Courts and regulators are more lenient towards photos where children are taken in a general plan at a school event, rather than being the main subject of portrait photography. However, this does not cancel the need for consent.

Use of technological measures. On the school website, you can lock the photo section with a password or make it accessible only to internal users (parents, registered under their own accounts).

Interesting fact: In Europe (under the GDPR), the protection of children's data is stricter. Consent of parents is mandatory for processing personal data of a child under 16 years old (in some countries the threshold is reduced to 13 years). Many European schools use special closed platforms (such as Seesaw or ClassDojo), where photos and videos are accessible only to parents of a specific student after authorization, which minimizes risks.

Ethical aspect: trust and partnership

In addition to legal requirements, there is an ethical side to the issue. School is a partner of the family in the education of a child. Ignoring the opinion of parents on such a sensitive issue as the publication of their children's images undermines trust. The procedure for obtaining consent is not a bureaucratic formality, but an act of respect for the privacy of the family and the child's right to a safe childhood.

Conclusion

The director of the school does not have the right to post photos of primary school students (and all minors) on information resources without prior written consent from parents. This is a direct requirement of the Federal Law “On Personal Data” (152-FZ) and the Civil Code of the Russian Federation. Attempts to justify such actions by “school interests” or “absence of a direct ban in the charter” are illegal and entail administrative and civil liability.

The legitimate and ethical way is to establish a transparent system of interaction with parents: inform about the policy of using images, obtain detailed consents, respect the right to withdraw such consent, and always put the safety and privacy of the child first. In the digital age, the protection of the student's image is not an obstacle to work, but a basic norm of legal and professional culture of the educational institution.
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