Good practice: Recommended as good practice. Not required.Department for Education (DfE) data-protection guidance

Pupil photo and video policy: what to publish on your school website

How you use photos and videos of pupils, and how parents can opt out.

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Who it applies to

Published on
The school's own website
School type
Academies and maintained schools
School stage
All stages, from early years to sixth form
Does not apply to
No school types are excluded

When it's due

Keep it up to date

There's no fixed date. Update it whenever something changes.

What's needed

Publish a photo and video statement on the privacy or policies page on your website, giving the lawful basis for using pupil images and how consent is given and withdrawn.

What it must contain

9 parts
  • Explains how to opt out of pupil images being usedMust: Required by law, statutory guidance or the academy's funding agreement.
  • States the lawful basis the school uses for pupil images, clearly and transparentlyMust: Required by law, statutory guidance or the academy's funding agreement.
  • Says parents and carers are reminded before key eventsShould: Recommended in official guidance, such as the DfE's. Not a legal requirement in itself.
  • Says objections to pupil images are answered fairly and transparentlyShould: Recommended in official guidance, such as the DfE's. Not a legal requirement in itself.
  • Explains how to opt out of appearing in a photo when it is takenMust: Required by law, statutory guidance or the academy's funding agreement.
  • Explains how to change your mind later about appearing in photosMust: Required by law, statutory guidance or the academy's funding agreement.
  • Explains how images will be usedGood practice: Recommended as good practice. Not required.
  • Explains who can access the imagesGood practice: Recommended as good practice. Not required.
  • Explains how consent for images is managedGood practice: Recommended as good practice. Not required.

What the official sources say

Set out in 2 official sources:

Data protection in schools: taking and using photos and videos, and using CCTV

Updated 23 March 2026

  • The school updates its photo and video policy and its privacy notice to explain: – how images will be used – who can access them – how consent is managed

    Good practice: Recommended as good practice. Not required.§ Example: using new technology

  • If you rely on legitimate interests as your lawful basis, you must give pupils, parents or carers a clear way to opt out of appearing in photos or videos. Explain how they can: – opt out when the photo is taken – change their mind later

    Must: Required by law, statutory guidance or the academy's funding agreement.§ Using legitimate interests as a lawful basis

Show 3 more from this source
  • You should explain these rules in your school’s photo and video policy, and remind parents and carers before key events.

    Should: Recommended in official guidance, such as the DfE's. Not a legal requirement in itself.§ Taking personal photos and videos at school events

  • You should explain this clearly in your school’s privacy notice and respond to objections in a fair and transparent way.

    Should: Recommended in official guidance, such as the DfE's. Not a legal requirement in itself.§ Using public task as a lawful basis

  • Your privacy notices must clearly explain how to opt out and what lawful basis you are using, so it is clear and transparent.

    Must: Required by law, statutory guidance or the academy's funding agreement.§ Using legitimate interests as a lawful basis

ICO: taking photos at school events (for the public: schools)

Version 2026-03-23

  • Regardless of the lawful basis relied upon, we recommend that the school allows pupils the opportunity to opt-out from their image being used.

    Good practice: Recommended as good practice. Not required.§ Photographs taken by the school

Questions schools ask

Do schools have to publish a photo and video policy?

For academies and maintained schools, it's recommended as good practice, not required.

What does a pupil photo and video policy need to cover?

Explains how to opt out of pupil images being used; States the lawful basis the school uses for pupil images, clearly and transparently; Says parents and carers are reminded before key events; Says objections to pupil images are answered fairly and transparently; Explains how to opt out of appearing in a photo when it is taken; Explains how to change your mind later about appearing in photos; and 3 more parts listed above.

When do we need to update our photo and video policy?

Keep it up to date. There's no fixed date. Update it whenever something changes.

Where does the requirement for the pupil photo and video policy come from?

It is set out in Data protection in schools: taking and using photos and videos, and using CCTV and ICO: taking photos at school events (for the public: schools).

Recent changes to the official guidance

Updates to the official sources that affect this requirement, newest first.

  1. 23 March 2026 · Data protection in schools: taking and using photos and videos, and using CCTV

    The DfE added guidance on taking and using photos and videos in schools.

We last checked these sources on 21 September 2026.

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Official wording that does not apply to schools (3)
Unlike for photos, consent is not appropriate as a lawful basis for CCTV
Data protection in schools: taking and using photos and videos, and using CCTV§ Considering which lawful basis to use (CCTV)Version 2026-03-23gov.uk ↗
Data protection law doesn’t apply to the use of personal data for ‘purely personal or household activity’. This means that the law doesn’t prevent you from taking photos or videos for personal use (see below for further guidance on personal use).
ICO: taking photos at school events (for the public: schools)§ Does the data protection law stop me taking photographs of my children at school?Version 2026-03-23ico.org.uk ↗
However, if you post photos or videos to a public account, viewable by an indefinite number of people, this is likely to go beyond personal use. In this instance, you will need to be aware of your obligations under data protection law.
ICO: taking photos at school events (for the public: schools)§ Personal use and social mediaVersion 2026-03-23ico.org.uk ↗

Official sources last checked 21 September 2026 · register version 1.0.4