Is it legal for a daycare employee to take pictures of my two year old with her personal cell phone ?

Question

this was a picture of her and my son together,not indecent but it was sent from her phone not the facilitys and now that picture is hers to edit or whatever!I am not comfortable with this at all.she has only worked there A COUPLE WEEKS AND I WANT TO KNOW HOW MANY HAVE BEEN TAKEN AND THEM TO BE DELETED FROM HER PHONE!NOT COOL AT ALL PLEASE TELL ME WHAT I CAN DO ABOUT THIS,THANKS

Answer 1

Yeah. That does seem very strange. I would complain to the management. If nothing happens, contact the police and take your children out of there!

Answer 2

In a public place, non-posed photos are legal and free to take.  In a private place, (this includes malls, theme parks and daycare -- places that are owned by people,) however, it's up to the owner.    It's legal to take a picture of the outside of someone's house, but you need permission for the inside.  The people in those places fall under the same rules.

Speak to the management about how the photos are used.  As said above, if they're on the wall inside, they're like business product...nothing you need to do and no reason to be concerned.  (Edit:  There may be laws that say permission is required, but I don't know them specifically.  It's just not worth bothering over in most cases.)

If she's using them for any purpose outside that building, however, you and your child have rights over those photos.  Permission must be sought, otherwise you can order the pictures to be destroyed.  Even for photo classes, we were required to use model release forms for any subjects shown in our pictures.

Go to the management first.  If they and their employee choose to do nothing or laugh you off, the word "lawyer" will most likely change their minds in a heartbeat.

Answer 3

You definitely need to contact the director of the daycare.  She probably wouldn't be very happy if she knew that was going on in her facility!  To use pictures of your child in anyway, you have to have signed a consent form.  

Talk to the director right away and go from there!

Answer 4

If it is it shouldn't be,but you should get your kids out of there!!!!!!

Answer 5

Well Im not exactly sure what type of person this lady is but my family member that does daycare takes pictures of all her children doing various things or on holidays and she puts them up on the walls in the playroom and gives them to parents.

I should say though its with a camera that she takes into a public place to be developed.  I think I would be uneasy about them being on a cell phone because you dont know the people she hangs around or who she might be showing.

Answer 6

It's illegal without your consent.  I wouldn't like it either.  Go to her supervisor.

Answer 7

I work in a nursery and would not take pictures of a child on my mobile, what u could do is have a word with some1 who has been workin there a while a longer like a room supervisor/deputy manager/manager, say you dont want to get her in to trouble but u feel uncomfortable about your child being photographed, for anything other than the nurseries own camera. Also u possibly had to sign something about your childs photograph being taken? i am not to sure where u are from. but i know that here in uk, most places get parent s permission before using u can photograph a child. Where i work, and my son attends i had to sign a form to say he can be photographed.

You could ask the daycares policy on photographing children.... and then take it from there.

Answer 8

This is perfectly legal, but in the definition of personal rights it's not.

I would tell the teacher how it akes you feel uncomfortable, and if it continues, contact the administrator.

She might think she's doing something right, but this seems not so okay.

Answer 9

Pictures with a camera that get posted on the classroom wall are one thing. Pictures on a personal cell phone.... NOT COOL! She needs to get your consent for something like that. Talk to the girls boss and possibly pull your kids out of that day care.