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Contact: revlmh@btconnect.com
Tel: 07525 762538

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Our Photographic Policy

This Code of Practice Covers:


1. Safeguarding
2. Written permissions: Children, Medical Patients & Advertising
3. Property Release and Calendar Images

4. Data Protection

Safeguarding is about:

  • Protecting children, young people and valnerable adults from harm.
  • Creating a climate of awareness and vigilance.
  • Keeping our photographers and volunteers safe from harm or false accusation.

    As an organisation that seeks to encourage faith, Shine Photographics and Media are concerned with the wholeness of each individual within God's purpose for everyone. We seek to safeguard all members of the church community, of all ages. It is the responsibility of each one of us to prevent physical, sexual or emotional abuse of children and young people.

It is our policy that:

  • No one who has been convicted of or has received a formal police caution concerning an offence against children as listed in the First Schedule of the Children and Young Person's Act 1933 shall work with children or young people.
  • No one who has been convicted of or has received a formal police caution concerning sexual offences against children and young people shall be employedbyShine or serve as a volunteer in any capacity.

    Therefore:
  • Shine’s principal photographer (Rev Langley Mackrell-Hey) has obtained and is always willing to disclose valid CRB (Criminal Records Bureau) check before commencing any commission.
  • All assistants working in partnership with our photographer should seek a CRB disclosure at a standard level if they are to have contact with young people. This relates particularly to portrait sessions where children are involved.
  • If the assistant does not have a disclosure, one must be sought immediately. They may work in the presence of another photographer - but must be supervised at all times.
  • All reasonable care must be taken by those responsible to ensure that persons who have been convicted of or who have received a formal police caution concerning sexual offences against children or young people shall not undertake work for Shine.

    Our Approach

    Whilst being mindful of the need to take action to protect children from injury or accident, we will endeavor:
  • Never to be alone with young people.
  • Not to touch a young person (ie in rearranging hair, assisting with movement of shoulders to find the best pose.)
  • We will only breach the above in the event of an emergency (ie remove from danger).
  • In the studio environment (both at home and in the case of mobile work), we ask you to be mindful of the health and safety risks. We advise you to be wary of trailing leads, high voltage equipment, hot lights, freestanding backgrounds. We kindly ask you that you take all necessary precautions to safeguard both you and your child from harm.
  • Either onsite or offsite, we accept no responsibility for damage or loss of your equipment, or injury to you. We require the same vigilance on your part as on ours.  
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Permissions and boundaries: Children, Medical Patients, Advertising

Adults
At large scale events we inform the event organisers of our presence, and will make ourselves available for any queries. Shine does not regularly use model releases nor seek written permission for its photography. Written permission is not required when making photographs of individuals in public settings (or events on private premises open to the public). In special cases where there is good reason to protect privacy, we may photograph someone from an angle where they cannot be identified. (For example, from behind where they are sitting.)

Children
Whilst it is not illegal to photograph children in public for editorial or artistic purposes, we will make every effort to let people know of our presence, and the intended use of the image. We will ask permission before releasing any image to the press in which a child is the point of focus or clearly recognisable. We are sensitive to the fact that some parents/guardians might have genuine reasons on the grounds of data protection for ensuring that a link between a child and their context is not made known. Whilst the law is clear, we will take a cautionary approach, and unless we know you personally, will seek written permission (rather than accepting a verbal permission.) On a practical note, this allows us to state in exactly what contexts the image will be used. Whilst there is much misinformation about what is legal or otherwise, what is morally right is a different issue. The last thing we want is for you to be upset.

General publication of a sensitive image, or use of an image for advertising purposes
If we wish to use your image in a context that implies endorsement (ie advertising), or we consider that publishing your photograph will be a sensitive issue (e.g either you or someone else in the image has a life-threatening medical condition) we will seek written permission.
We will not seek permission if you have a disability and use a wheelchair. We draw no distinction between you and someone else who is able-bodied. At large scale events we are always looking out for images that reflect disability access issues.

Example of our policy in practice

  • Event open to the public, crowd scenes, general circulation, - ie media, exhibitions, calendar photos of events. We will ask permission from the event organiser to take photographs and will request that our presence be made known. We advise all clients to complete their own safeguarding and photographics policy.We will expect the organiser to inform us immediately should our presence become a distraction. Ideally we require an escort if clear boundaries have not been laid down.
  • The mitigating factor where children are concerned is (1) Are they identifiable in the finished product - i.e crowd scene for web use may be reproduced at such a small size that individual faces are difficult to identify and enlargement is impossible (2) Have we warned that we are about to take a shot and therefore issues once again the offer for people to withdraw if they so wish. We will not name individuals without having been given written permission.
  • School photography: Where Shine is photographing a preschool facility or older schoolchildren, we confirm that parents or guardians have given permission for their children to be photographed. In these cases, the administrative body most often maintains its own photo policy records and provides permission.
  • Small groups, general use: On certain occasions it is possible to photograph children without revealing their identity. (Eg shots of where the children face a leader with their backs to a photographer, shots where we have blurred the image to emphasise movement and in doing so made identification impossible, shots of hands at use during artwork. We often use this technique for general photography and to limit the number of written permissions that must be received.
  • The liability for the circulation of a photograph always rests with the publisher. If we pass them on to a client they are responsible for how they are used and should return to us if they have any queries.
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Calendar Images and Property Releases

Another common legal release covers property. Property release forms are most commonly associated with buildings and architecture. A private building photographed from a public space can normally be used without consent provided that it does not misrepresent the building in any way. A photograph taken within the building or its grounds will require permission from the owners. The owner of a property can place restrictions on photographs being taken from their land, but not from a public highway. Restrictions on use might arise where the image was used in a defamatory way, or in a way that might be construed as passing off (e.g. if the building was a business premises and the image was used in a way that suggested a connection with the business).

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Data Protection

Summary
The purpose of the Data Protection Act is to ensure that personal data is dealt with in a responsible way. It details a set of principles for those who hold and process personal data and your rights if we hold your data.

We will only hold data if:

  1. You have given your consent AND
  2. It is necessary for fulfilling a contract or entering into a contract OR
  3. It is required for editorial comment.

All Personal data we collate will be:

  1. Fairly and lawfully processed, for limited purposes.
  2. Used to give an explanation of context and future contact for our marketing purposes.
  3. Adequate, relevant and not excessive.
  4. Accurate and, where necessary, up-to-date.
  5. Not kept for longer than is necessary.
  6. Processed in line with your rights.
  7. Not transferred to other parties unless previously agreed.

Sensitive personal data (for example highlighting the context of an image) will only be kept if it meets all of the above conditions AND if it meets at least one of the additional conditions below:

  1. You have given your explicit consent for explicit details to be circulated.
  2. Processing is necessary for us to comply with employment law.
  3. You have already made this information public yourself.
  4. We require the information to monitor our equal opportunities status.
Your rights:

You have the right to:

  • Access information we hold on you. You may request, for a small fee, a copy of that data and information about how and why the information is being processed and to whom it is being disclosed.
  • Deny permission for us to hold particular information
    At any time you may write to us requesting that we do not process information given that it is likely to cause substantial and unnecessary damage or distress to you or another person.
  • Prevent processing for direct marketing
    Occasionally we may use the information you give us for direct marketing purposes from us to you. we will not involve any third parties and do not pass on information.You can insist that we do not mail you with updates etc.
Exemptions
  • Journalistic, literary, and artistic purposes (section 32 of the Act)
    Many of the Data Protection Act's provisions can be set aside where personal data is processed for journalistic, literary or artistic purposes, if this is done with a view to publication and is believed to be in the public interest.


Finally, this is our policy and should not be taken as legal advice. We suggest you contact your own solicitor.
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