Photography and video recording at Scout events

If parents or carers do or do not consent to images of their child being captured, you will need record this as part of the local joining process. You will need to revisit this and seek specific consent when capturing images for specific purposes or capturing images of those outside your group. You can find more guidance on gathering data in our GDPR toolkit step 5.

Some reasons why families may prefer not to have images of their children taken are:

• A child's identity may need to be protected because they are in local authority care or have been adopted.
• A child and / or their family might have experienced abuse and may worry about images being shared online, enabling the perpetrator of abuse to trace their whereabouts.
• Families may have religious or cultural reasons for choosing not to have images taken.
• Their preference could simply be down to personal choice.

The parent / carer does not need to explain why they do not want images of their child to be captured. 

Legitimate interests

On occasion it is not practical or even possible to have gained formal consent from every individual who may feature in images. An example situation could be a large-scale event where the volume of attendees is high, and the event is spread over a large area.

It is a reasonable expectation that images will be captured at an event like this. This is allowed under data protection law as the lawful basis for capturing the images is legitimate interest, rather than consent.

In these situations, it is important to ensure that everyone is aware of your intention to capture images. This can be done in a number of ways:

• Mentioned in communication about the event
• Included on event joining forms
• Signage at the event, for example at the entry

Informing people of your intention lets them know that you have a valid reason to capture images and provides the opportunity for people to express their wishes. 

It is sensible to have mechanism in place for people to opt out of images being captured in these circumstances. This can take the form of things like coloured lanyards, stickers or wristbands which will alert those capturing images. It is important to make people aware that this may not be fully effective and individuals who opt out, could still be captured in the background or in crowd shots.

Whilst this legitimate interest covers things like crowd shots and incidental imagery (where individuals are not easily identifiable), where images feature individuals prominently or are to be used for specific promotional purposes it is important to seek individual consent. 

How to manage situations where consent is not given or individuals opt-out

Children and young people should never be excluded from an activity because they don’t want their image captured. Some things you can do to ensure inclusivity are: 

• Take images in smaller groups rather than an entire group so that less attention is drawn to the young person who is not in images.
• Consider splitting the activity group up into two and the photographer can photograph the group where everyone has given consent across all activities.
• Involve the young person who can't be in photographs in taking the photographs of others.

Images captured by parents / carers

Parents, carers and other family members will often want to capture images of their children especially at events. Whilst we would not want to discourage this, you may need to ensure that this is not excessive and that anyone who does not wish to have their image captured is not included.

Parents / carers must not capture images of other children without appropriate permission, and must not post images of other people's children on social media without appropriate permission. You can remind parents / carers of this in your communications or as part of the event registration. 

Sharing images of children on social media or other online platforms carries potential risks. For example:

• Images may appear in internet search results. This could make children and young people vulnerable to grooming if the image appears alongside information that makes them identifiable. This includes personal details, such as their name, a tag with location information, or visual details such as their Scout uniform.
• Images may be copied, downloaded or shared by anyone. They may be adapted using AI and used inappropriately.
• Images, and any comments on them, can become part of a person’s public image in ways which children and young people may not understand or be happy with, now or in the future.

It’s important to think carefully before using or sharing any images of children or young people online or in other publications. Make sure you have consent from the parent / carer and the child or young person to use the image the way you have planned.

Deciding what images to use

When picking images to use, keep these things in mind:

• You don't always need to show young people's faces to show Scout activities in action. Taking photographs from different angles without showing faces can still produce excellent images.
• Choose images that present the activity in a positive light and focus on the activity rather than the child or young person.
• Choose images of children and young people in appropriate clothing (including safety wear if necessary).
• Don’t supply full names of children along with the images, and avoid using images that include their names (e.g. on badges or on artwork) or location 
• Avoid images that may be more prone to misuse by others.
• Do not publish personal information about individual children and young people.

Using great images to tell our Scouts’ stories is a great way to show how we help young people develop skills for life.  

What to do when a local newspaper or a regional TV crew attends a Scout event and wants to capture images:

• Explain to parents / carers that the event is likely to get media coverage. Ask if anyone does not want images of their child captured. If a parent / carer does not, work out a way for the child or young person to be doing another activity away from where the filming is taking place.
• A media crew attending a Scouts event will usually request that the imagery they capture is accompanied by the names of the individuals in the images. It's important the media crew get consent using a digital asset release form in advance. The media company attending the event will be able to supply a copy of their consent form.
• It's acceptable to give full names and ages to the publishers of local newspapers if the request is justifiable and appropriate, and with consent of parents / carers. For example, if a young person is receiving an award. But never provide the full address of the child or young person. For group photos, ask the publishers to use a collective term such as 'Cub Scouts from 6th Anywhere Scout Group'. It's fine to give the location of a Group meeting place (such as a street name).
• If you give out a telephone number to be published or broadcast, make sure the person whose number you're giving out is happy for the number to be shared.
• Photographs taken by press photographers that invade personal privacy are subject to the normal Independent Press Standards Organisation Code of Practice.

What to do when you are gathering images for use on Scouts’ websites, social media channels and / or for supplying to a local paper

• A digital asset release form should be completed by the parent / carer for images that will be used for a public purpose, such as including on a website, in an online article or on a printed flyer.
• If you hold images of your members (children, young people and adults) you must be able to prove you have their consent to hold that data so you can comply with GDPR requirements and demonstrate safe handling of their data.

Under data protection law, you need a process that helps you find and delete personal data at a later date. When you capture content, find a way to link your content with an individual. You can use a simple name board in front of the lens or record a short message to assist you. Label your content with the activity or event, date and location to help provide a reference.

Labelling can be achieved via file metadata or by renaming the file and folders. Store a copy of your permission form with consent paragraph, or your release form (for advertising, marketing or media coverage) in the same place as the related photo, video and audio content. Once you have labelled your consented content, ensure you dispose of any remaining materials.

In addition, the following should be used as a guide:

• Images of no use should be removed at the source, as well as any copies.
• When using cloud services for storage, use a reputable provider with guaranteed storage in the UK or EEA. 
• You may need the ability to add metadata to the imagery or organise them so you can capture, names, event names, dates, consent evidence.
• Password protect (with strong passwords, minimum of 8 characters, with some complexity).
• Use photographic devices that are under the control of the person who gained the consent and manages the images where possible.

If someone makes a complaint about their image being used, or wishes to withdraw consent, then you must locate the images. You must make every reasonable effort to then stop the images being used and you may need to delete the images.

It may not be possible to undo previous use of images. For example, if it was included in published material or was used by a third party. You must communicate this to the person who has made a complaint.

If someone wants you to delete images, ask them for the details of any events or activities they took part in. You can request an image of the person if you need help identifying them. You must then delete the image.

Undertake an audit of your existing digital content to ensure you are complying with this guidance. Regular audits should also be planned. 

Thermal imaging cameras are devices that detect heat. They are being used more often in Scouting, for example, to check if a campfire is fully extinguished or as part of fun science activities. These cameras can be useful and interesting tools when used safely and responsibly.

Today’s thermal imaging cameras are more advanced. Some can take and save clear pictures or videos. These pictures can show body heat, which means people can sometimes be identified. In some cases, cameras may even appear to see through thin materials.

Because of this, care needs to be taken with how they are used. This guidance explains how to use thermal cameras safely and legally.

When using a thermal camera, you must follow:

• UK data protection laws (including the UK GDPR and Data Protection Act 2018)
• The Safeguarding Policy
• The Safeguarding Code of Conduct for Adults (Yellow Card) including reporting procedures.
• Any local laws about privacy and photography

Before capturing, saving, or sharing any images, check whether it is permitted and ensure you have a lawful reason. In most cases involving children or young people, this means getting permission from parents or carers. Any images taken for safety or training must be stored securely and deleted as soon as they are no longer needed.

If a thermal imaging camera records pictures or videos where people can be recognised, this may count as personal data under UK data protection law. This means you must follow strict rules about how those pictures are used, stored, and deleted.

Examples of when thermal imaging can be used:

• Checking if a fire or stove is fully out after use
• Helping with search-and-rescue training
• Leading science or nature activities where leaders explain what the camera does

Examples of when thermal imaging can’t be used:

• Near tents, accommodation, changing areas, toilets or other spaces considered to be private
• To look at or record people without telling them.
• To tease, bully, scare or spy on anyone
• To take, keep or share pictures of people.

If you use a thermal imaging camera, you should:

• Tell people nearby when the camera is being used. For example, if you are checking that a campfire is fully extinguished in a communal area, explain to young people and adults present why the camera is being used. Never use cameras in or near private spaces such as tents, accommodation, toilets or changing areas.
• Get consent. If you plan to save or share any pictures that show people, seek permission first.
• Don’t point cameras at places reasonably considered to be private. Never aim them at tents, accommodation, toilets or changing areas.
• Delete images if captured by mistake.
• Store images safely. If you need to keep a picture for a valid reason (like safety or training), it must be kept secure and deleted as soon as it’s no longer needed.
• Supervise use carefully. Only adult volunteers should use thermal cameras during activities.
• Keep a record. If any images are to be retained make a note of when and why they were taken, and when they will be deleted.

Before using a thermal imaging camera in any activity, you should let parents and carers know. Here’s an example of what you might say:

'As part of this activity, we may use thermal imaging cameras for safety (for example, ensuring fires are extinguished) or for learning activities. Adults may use these cameras as part of their responsibilities. Young people may also use the cameras, but only when supervised by an adult volunteer. We will not keep or share any identifiable pictures without the permission of parents / carers. If any images are taken for safety or training purposes, they will be stored securely and deleted as soon as they are no longer needed. Please contact a leader if you have any questions or concerns.'

If you think someone has misused a thermal imaging camera, by accident or on purpose, report it to their Line Manager. 

If you have a  safeguarding concern, report it to the UK HQ Safeguarding Team.

Thermal imaging cameras can be a great tool in Scouting, but they must be used responsibly. Always follow the rules, respect people’s privacy, and when in doubt, ask for help. If you're unsure about anything, contact the Support Centre in the first instance. 

If there has been a breach of safeguarding rules, contact the UK HQ Safeguarding Team and if there are concerns about data protection, contact the Data Protection Officer.