28 May 2025

Kids' consent for photos should always be considered - privacy commissioner

7:22 pm on 28 May 2025
Woman's hand making photo of a little girl with a mobile phone. Selective focus on a mobile phone with a portrait of a girl. Made for social networks

Kids' rights around the taking of photos has been highlighted by the privacy commissioner. File photo. Photo: Derich Anrey / 123rf

Kids should always know when they are being recorded and why, and should also have the right to withdraw their consent at any time, says the privacy commissioner.

The Privacy Commission has put out new filming and photography advice for organisations, in a bid to protect children and young people.

Privacy Commissioner Michael Webster said the new guidance on photography and filming - which is aimed at organisations such as schools, sports clubs and cultural clubs - will help to empower children, while their parents and caregivers will be better equipped to understand and exercise their privacy rights effectively

"Taking and sharing images of children and young people helps record their achievements and special moments.

"But it's also important people are aware of the risks associated with the collection, use and sharing of these images and do what's necessary to protect their privacy and keep them safe from harm."

Webster said retention and deletion of images and video were also important, as children changed as they aged.

"An image that was once cute and funny could be distressing or cause embarrassment if used or shared today. Consent is best practice - children, young people or their parents should always know that photography or videoing recording is happening and why, and they should also have the right to withdraw their consent at any time."

Webster told Checkpoint the Privacy Act meant they worked under the principle of data minimisation.

"It's about asking the question 'do I have a plan to delete old images when I no longer have any use for them, and do I have a system for deleting images for when people withdraw their consent to that image being used?'."

Webster said NZ schools had already dealing with it with photography and filing policies, as well as opt-out forms.

He said consent was not something that was only given once.

"As people grow up and change, they will have different views about material taken about them, their parents might have thought it was cute or amusing photo or piece of video when it was done, a teenager is bound to have a different view on that sometimes."

He said young peoples' right to privacy needed special attention, and there were unfortunate risks with photos and video footage of children in today's world.

"So the guidance is there to help them achieve what they want, which is photos of people having a great time or celebrating successes, while keeping children safe."

The full guidance can be found on the privacy commissioner's website here.

Webster said further guidance - including detailed privacy guidance for the education sector - will be released later this year.

Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

Get the RNZ app

for ad-free news and current affairs