The problem: a school photographs students for its fanpage and enrollment ads — must each parent consent? Quick answer: yes. Personal images are legally protected personal data; for child students, collecting, using, and posting images requires parent/guardian consent. Casual posting without consent is a violation — and advertising use raises the risk further.
Student images are personal data
Under the current personal-data framework (Law 91/2025/QH15, Decree 356/2025/ND-CP effective 1 January 2026), personal images are personal data. Schools photographing, filming, storing, and using (websites, fanpages, enrollment materials) all count as “data processing” — needing a legal basis, most commonly the data subject’s consent (for children: parents/guardians).
What should consent forms include?
- Clear scope: consent for photographing at which activities, for what purposes (internal records / website / enrollment ads) — “souvenir photo” consent doesn’t automatically cover “advertising” consent.
- Duration: how long consent lasts; parents’ right to withdraw.
- Form: in writing (paper or authenticated electronic) — oral consent can’t be proven in disputes.
- Collect at school-year start: bundle into enrollment files rather than chasing parents when ad images are needed.
Risks of unlicensed advertising posting
Parents may demand takedowns and damages where posting causes harm (miscontextualized images, harm to the child’s dignity). For private schools running enrollment ads with real student photos, one viral complaint can cost more enrollment than any fine. Using children’s images commercially (advertising) without consent is graver than internal use.
Special cases: public events, press
Photos of public events (opening ceremonies, competitions) where students aren’t the main subject allow more flexibility, but prudence still rules: blur faces/omit names when posting without consent, especially young children. With press coverage, schools should coordinate to protect student rights.
Frequently Asked Questions
1. Must schools get permission to post student photos?
Yes. Images are personal data; for child students, parent/guardian consent is needed before collection and posting.
2. What should image-consent forms contain?
Scope (which activities, which purposes), duration, withdrawal rights — in writing, ideally collected at enrollment.
3. What if parents withdraw consent?
Schools must stop using images for withdrawn purposes and remove posted images where reasonably possible; prior lawful processing isn’t retroactively violated.
4. Can student photos run enrollment ads?
Yes with clear advertising-purpose consent. “Souvenir photo” consent doesn’t cover advertising — unlicensed ad use is the graver violation.
5. Public-event photos of many students?
More flexible when students aren’t the main subject, but prudence: blur faces/omit names without consent, especially young children.
This article has been quality-reviewed by the FLAW AI Legal Council.