Awareness of our rights to privacy under the Data Protection Act is growing steadily. In one context or another, data protection is often being invoked or quoted in our arguments and conversations, sometimes with a lesser degree of knowledge or correct understanding.

This fortnightly column, being provided by the Office of the Commissioner for Data Protection, will attempt to explain privacy provisions as they apply in the context of day-to-day matters in a clear, simple manner.

Let us consider, for example, the question of whether children may be filmed or photographed during a school activity. This matter has featured in the media on several occasions and has also been the subject of guidelines developed by an ad hoc forum where the Data Protection Commissioner regularly meets a committee of representatives of state, independent and Church schools, the Education Division and the Office of the Prime Minister.

There is no data protection impediment for a parent to take visual images of his son or daughter, say during the school concert or any other similar activity. In principle, there is nothing wrong in capturing personal data as long as this is done for personal use.

However, every school is free to make its own internal rules and adopt its own policy on all matters relating to school administration. Even the taking of personal images at school may be the subject of such a policy independently of data protection.

In many cases schools may choose to appoint their own photographer, have a more orderly organisation, and avoid parents leaving their seats and moving around with their cameras to capture a memorable occasion of their child from the best vantage point. Many times, this also happens in parish churches during First Holy Communion and Confirmation ceremonies.

On the other hand, there are cases where parents have a very valid reason, many times of a social nature, why their children should not be photographed, and they will refuse to give their consent. In such a case the will of the parents is to be respected and the heads of schools make every effort to respect this wish without emarginating the child or excluding him or her from the school activity.

These and other principles in relation to the processing of visual images in schools are contained in the Data Protection Guidelines, which may be accessed on the Data Protection Website www.dataprotection.gov.mt.

Readers are invited to address any queries on data protection, which may be discussed in this column, to the Office of the Commissioner for Data Protection by e-mail commissioner.dataprotection@gov.mt or at its address, 2, Airways House, High Street, Sliema SLM 16.