We received a complaint from a parent in respect of their child. The parent had attended a festival organised by a state agency with their child, where a professional photographer took the child’s photograph. The following year the state agency used this photograph in promotional material. The child’s parent, while accepting that they had conversed with the photographer, had understood at the time of the photograph that they would be contacted prior to any use of the image.

During the investigation, the state agency indicated that they had relied upon consent pursuant to section 2A(1) (a) of the Acts as the photographer had obtained verbal permission from the child’s parent . However, the state agency also accepted that it was not clear to the child’s parent that the image would be used for media/ PR purposes . The state agency further accepted that the parent was not adequately informed regarding the retention of the image . The DPC welcomed the state agency’s indications that it would immediately review their practices and procedures.

In conclusion, the DPC found that the state agency had not provided the child’s parent with adequate information in order to consent to the processing of the image used in promotional material.