![]() In school circles, it is more common now to ask if you can post it on social media. it is a bit awkward but I think people are getting more used to it. I don't think it is going to fall foul of POPIA if you are doing it in your personal capacity but a good rule of thumb is to say is it OK if I put this on Instagram. Verlie Oosthuizen, Partner and Head of Social Media Law - Shepstone & Wylie Attorneys That depends if the wedding photographer is posting it for business reasons or if you are posting it, and the same caveats would apply. Verlie Oosthuizen, Partner and Head of Social Media Law - Shepstone & Wylie AttorneysĪnd how would it work at a wedding or such an event? However, it is better that you get consent from other parents before you post on social media. ![]() If it is parents posting images of other adults they may not fall foul of the act she says. Parents may also ask the school not to use their child's images because this is something that is sensitive. She says many schools obtain consent from parents at the beginning of the school year. The school would have to make sure that they are following the act and that they have got the requisite consent. Can this be shared on the school or personal social media pages? Refilwe asks about an example where a school or parent photographs children in a sports match. The way that the act has been drafted is so wide that basically doing anything with any time of information relating to anything about a person could notionally fall under the Protection of Personal Information Act. Verlie Oosthuizen, Partner and Head of Social Media Law - Shepstone & Wylie Attorneysīut Oosthuizen says, if one is going to use anyone's personal information, one must obtain their consent or you need to have a lawful ground for processing that information. I don't think she needs to worry too much about the POPI Act because it is for domestic purposes. If Mrs Jones has gone on her family holiday and just wants to post her selfie because she wants to have a memory. People who have a social media presence and 'brand' as part of their 'business may be treated in a separate category, suggests Oosthuizen, but for ordinary people, the new law should not make a big difference. Social media lawyer Verlie Oosthuizen says there are exceptions regarding professionals as the POPIA Act is for domestic purposes. ![]() While most of us are eagerly awaiting this, as it will mean that our information can't be shared by companies anymore and there will hopefully be no more annoying marketing calls on our phones, this will also bring about changes to the way we do things on a daily basis, says Refilwe.ĭid you know that our faces are considered to be personal information? But does this mean that we will no longer be able to share pictures where other people happen to be in the photo? Will we need explicit permission from everyone? ![]() The Protection of Personal Information Act of 2013 will come into force from 1 July. There are exemptions for journalists and those who have a professional online brand presence but the act is aimed at domestic use.Social media lawyer explains when we can share photos of other people especially children, and when we may not. ![]() Refilwe Moloto talks to social media lawyer Verlie Oosthuizen at Shepstone & Wylie Attorneys about the new rules. ![]()
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