Kids Alert is urging Poland’s Education Ministry to prohibit schools and childcare facilities from publishing images of children online, citing privacy and exploitation risks.
Concerns Over Online Image Sharing
The Kids Alert organization has appealed to the Ministry of National Education (MEN) to ban the publication of children’s photos in publicly accessible online channels.
The organization warns that some materials shared by institutions may be degrading and create a risk of secondary exploitation of minors’ images.
Urgent Regulations Requested
On Monday, Kids Alert appealed to the Ministry of National Education for urgent introduction of clear regulations prohibiting the publication of children’s images by nurseries, kindergartens, and schools in publicly accessible social media.
The MEN press office informed PAP that it would respond to the appeal.
Growing Number of Complaints
Kids Alert reports a growing number of reports from parents, guardians, and educational institution staff regarding how children’s photos are published online.
Controversial School Social Media Posts
Photos of children on school social media are sparking controversy.
“Our team is inundated with reports from people who see the publication of children’s images as depriving them of dignity and the right to privacy,” Kinga Szostko of Kids Alert told PAP.
Loss of Control and Potential Misuse
Szostko noted that institutions are increasingly using social media platforms like Facebook and Instagram to promote their activities, publishing photos of children in the digital space, over which neither they nor their parents have control.
Once published, materials can be further disseminated and used out of their original context.
Examples of Problematic Images
Kids Alert highlighted several publications that raise particular concerns, including images of children in situations staged by adults that may violate their dignity or place them in an inappropriate context.
Disturbing Examples Cited
Examples include styling young girls as adult women, with full makeup and in revealing clothing, for events like Women’s Day, and publishing photos of children in situations requiring special privacy protection.
Szostko emphasized, “These are photos that should never have been put into the open digital space.”
One example involved a special school publishing materials from intimate hygiene classes, showing girls applying sanitary pads and presenting underwear to the camera, with faces uncovered.
Inappropriate Conduct by Staff
Another questionable example came from a nursery’s profile, showing a caregiver kissing a one-and-a-half or two-year-old boy on the lips, with the caption: “of course we respect every opinion, but we love our children so much that we kiss them on the lips.”
“Spa Day” Photos and Sexualization Concerns
Szostko cited another instance of a preschool conducting a “spa” photoshoot, featuring girls lying on loungers in short robes while boys massaged their calves.
She warned that such images could be interpreted as overtly erotic by individuals with unhealthy interests in children.
Parental Awareness and Systemic Issues
Kids Alert believes the problem also stems from a lack of parental awareness, with many unaware that consent to publish a photo does not mean control over its further use.
Materials end up in systems managed by private platforms and may be accessible to an unlimited audience.
The organization assessed that the problem is broader and results from promotional pressure and a lack of clear regulations, becoming a systemic issue.
Pressure to Consent and Legal Violations
Szostko also raised the issue of potential pressure on parents, noting reports of situations where refusing consent to publish a child’s image results in limited participation in certain activities.
Such practices are illegal.
There are also instances where parents seeking admission for their child to an institution are pressured to sign a consent form for image publication without knowing the circumstances or context.
Legal Framework and Data Protection
Polish law regulates the publication of a child’s image, primarily through the Civil Code and GDPR.
An image is considered a personal good under Art. 23 of the Civil Code, and its protection is subject to Art. 24.
Dissemination of an image generally requires the consent of the person depicted, and in the case of a child, their legal representative (Art. 81 of the Copyright Act).
A child’s image can also constitute personal data, triggering GDPR provisions, particularly Art. 4, point 1 (definition of personal data) and Art. 6, paragraph 1 (grounds for lawful processing).
Child’s Best Interests and Civil Liability
Regardless of guardian consent, Art. 72 of the Polish Constitution and the Family and Guardianship Code stipulate that actions concerning a child must prioritize their best interests, which may be relevant when assessing potential civil liability for violating their interests.
Call for a Complete Ban
However, Szostko noted that these regulations are often disregarded.
Therefore, Kids Alert calls for a complete ban on publishing children’s images in open internet channels by educational and care institutions, to protect children and support parents and staff.
The organization believes that promotional activities should not take precedence over the safety and privacy of the youngest.
Resources and Further Information
Individuals seeking help with image publication issues can visit the UODO website (https://uodo.gov.pl/pl/138/3215) for a guide co-created with the Orange Foundation, titled “The Child’s Image on the Internet. To Publish or Not to Publish?”
The guide is primarily intended for individuals working in organizations and institutions responsible for the well-being and safety of children.
The organization plans to continue the topic after receiving a position from the MEN.
Mira Suchodolska (PAP)
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