WA Against Privacy Act to Post Child's Photos Without Consent?

[Winfield240]

Hi,

I'm trying to find out if I can stop my son's (9-year-old special needs) step-sister from posting his photo on her social media. I have asked her to remove the photos, and she refuses because she is in the photo. I suggested to crop him out and still refuses.

They have not grown up together and she uses the posting of him as a way to wind us up. She is in no way aware of her own personal safety, and is not in any way thoughtful of his either!

Am I, as his mother and fulltime carer, able to have her remove his image from social media? I found the page to report the photo, but it asks if it is against my country's privacy act, and I'm unsure if it is or not.

Any help gratfully appreciated.

Thank you

 

[Lance]

Hi Winfield,

The Privacy Act 1988 (Cth) regulates the publication of a persons personal information, that conveys the identity of that person. So images of a child that could allow them to be identified would be viewed as in breach of this Act. That could mean that they are in school uniform, in an identifiable location (house, street, shop) or their name is stated.

So yes it can be considered against Australia's privacy laws. If you want to draw it out further from what you have said his step sister is in no way hiding her personal information or identity so by appearing in a photo with him she is potentially identifying him by association.

I hope that helps.

 

[Winfield240]

Lance, thank you very much. I appreciate the info very much as today the situation has escalated greatly, and I try to keep my little boy's well being and safety at all times at above 100%.

I know that she is probably making silly immature threats but I am not willing to take the risk, as he is a very trusting, happy to make friends kid, and I am the only one who can truly advocate for him. The most frightening part for me is if anything did progress is he is also non verbal, with the Down syndrome and would not be able to communicate with anyone, who he is or where home is.

Again, thank you.

Have a great weekend!

 

[Rod]

Need to note the Privacy Act CTh doesn't apply in many situations. Suspect the one above falls into that category.

We actually have very little in the way of human rights enforced by law in Australia

 

[Winfield240]

Rod ..This is what I am trying to find out for certain because I have once before encountered no right to privacy for my son, in regards to his medical records. That situation drove me crazy, and ended up on the phone to attorney general and the office of privacy commissioner. But nope, he had no right to not have his personal medical info shared with my partner's ex-wife (of no relation except the mother of his stepsiblings, who also had a history of sharing any private info she got hold of on social media. As an example, his yearly taxable income). But my partner couldn't access his other 2 kids' school reports.

In all honesty, I'm fed up with my boy being used as target practice. He's going to encounter so much cruel and nasty behaviour in his life that I won't be able to deflect it. I'm so over it. This has been ongoing with lil breaks for almost 11 years.

 

[Rod]

There are 3 legal issues in your posts.

1. Step-sister placing photos online. Allowed under privacy laws. But must not be discriminatory or defamatory.

2. Sharing of medical records with father's ex-wife. Depends who shared it with ex. If father, it is allowed. If a medical service provider shared it, they likely broke the law if the ex-wife is not a legal carer of your son.

3. Partner not being able to obtain school records. In Vic, don't know about WA, public schools have a policy whereby both parents are entitled to academic/performance reports unless there is a court order saying otherwise.

I completely understand your desire to protect your child. It is a natural instinct. Some ways are better than others but I have no direct experience to be able to properly comment.

I remember seeing a TV show one day with down syndrome children and a parent was acknowledging their son was different, and was saying and telling their son he is different but in a special way. And when he got hurt the parent said they always reassured their son they would always be there for him no matter what happened and despite his treatment by others.

So he took some knocks in the wider world, but he always had a safe and welcoming place to retreat to when he needed it. Seemed to work for them. And yes, away from the kids presence the mom was always fighting and battling for her son, never giving up.

 

[Winfield240]

Cheers Rod,

The medical records were requested by child support, and in WA because their policy says, any information used to come to decisions ' must ' be shared with the other party. There is no way to stop them being shared, not even able to ask for an exemption.

 

[Rod]

CSA decisions can be appealed, however in your case as they would be sharing the information with your son's father, not the ex, it would be appropriate for them to do so.

 

[Winfield240]

No, they shared my son's info with my partner's ex. I have nothing to do with his child support to the ex

 

[Rod]

Hmm, that doesn't sound legit to me. I still remember CSA giving my tax file number to my ex my years ago. I was less than impressed.

It can be expensive trying to bring the CSA to account for their behaviour, and it can't undo the damage they may have caused. With this mind, what do you want to happen?