Policy Statements
Child Protection
A Policy Statement informed by guidelines issued by the Photographic Alliance of Great Britain on The Protection of Vulnerable Individuals
'Vulnerable Individuals' is a term covering Children & Young People under 18, and Adults with Learning Difficulties. The concern of this policy is to afford protection from sexual, emotional and physical abuse, exploitation and other actions and activities that may be considered harmful. The Sexual Offences Act 2003 states that the age of consent for sex is 16 years. But it is also illegal, regarding 16-17 years old persons, to take, show or distribute indecent photographs, pay for or arrange sexual services, or to be engaged in sexual activity with anyone in a position of trust (eg teacher, care worker).
There is no requirement for a Camera Club that any member should be subject to a Disclosure and Barring (previously CRB) check even if vulnerable individuals are admitted to its meetings. But, given the nature of the Club's main activity ie Photography, it is advisable that certain guidelines should be in place.
The Club is insured for Public Liability. It should be understood that the PAGB Public Liability Scheme covers negligent acts, but specifically rules out "abuse of minors" which would unquestionably be considered to be wilful. However, a parent whose child was alleged to have been abused might sue the perpetrator and the Club. And if the aggrieved party could establish that the Club had been negligent in allowing a member to have access to a child, a case could be made against the Club, and the Committee might have to face the bill if adequate cover were not in place!
It should also be borne in mind that "abuse" is not limited to physical acts. Displaying unsuitable material - not just of nude bodies but eg pictures of war, persecution or torture, and even swearing in the presence of vulnerable adults can fall into the category of Abuse. Club members, especially its officials, need to be watchful if anyone shows an abnormal interest in younger persons present.
'Vulnerable Individuals' is a term covering Children & Young People under 18, and Adults with Learning Difficulties. The concern of this policy is to afford protection from sexual, emotional and physical abuse, exploitation and other actions and activities that may be considered harmful. The Sexual Offences Act 2003 states that the age of consent for sex is 16 years. But it is also illegal, regarding 16-17 years old persons, to take, show or distribute indecent photographs, pay for or arrange sexual services, or to be engaged in sexual activity with anyone in a position of trust (eg teacher, care worker).
There is no requirement for a Camera Club that any member should be subject to a Disclosure and Barring (previously CRB) check even if vulnerable individuals are admitted to its meetings. But, given the nature of the Club's main activity ie Photography, it is advisable that certain guidelines should be in place.
- It is accepted that the club does not include the taking or viewing of indecent image at its meetings or outings.. However, given the blurred distinction between indecent and artistic nude photography, it is the Club's policy to encourage Junior Membership up to 18 years of age, but subject to the following restrictions:
- That the minimum attendance age shall be 14 years, and that minors aged 14 and 15 years shall be accompanied by their parent or legal guardian, or a responsible adult appointed in writing (to be shown) by them.
- Given that indecent images must not be shown to under-18s, the Club officials will advise minors and their parents/guardians if a certain planned meeting will not be suitable for them to attend.
- At portrait sessions, the photographing of vulnerable individuals will not be allowed without the permission of their attendant responsible adult.
- The Club will offer membership to vulnerable individuals and will provide this Policy Statement to be approved by their parent or legal guardian. This will be accompanied by an Approval List to be checked and signed by that responsible adult. It will contain the following:-
- To nominate a responsible adult to accompany the vulnerable adult when unable to attend oneself.
- Agreement to pay the relevant subscription.
- Agreement to take responsibility before arrival and after departure as well as for the duration of the meeting.
- Provision for any action the Club officials should implement in the event that the vulnerable adult arrives unaccompanied
- Any other provisions the Club may consider appropriate giving special consideration to any unique or special activities the Club conducts that have not been considered in this document.
- Club members will be made aware of the provisions of this Policy and be reminded of their responsibilities, particularly in respect to the use of unacceptable language. This should also be pointed out to visiting speakers and judges.
- The Club will ensure safeguards be put in place in the event of unsupervised access to the internet at its meetings.
- Whilst it is not unlawful for the Club to display photographs including those of vulnerable individuals in printed matter or on the internet, the Club will gain permission from the parent or legal guardian before publication.
- Whilst abuse is highly unlikely to occur within the setting of a Camera Club, this Club recognizes its obligation to protect vulnerable individuals (and its own reputation) by being observant of situations in which abuse could be a possibility, such as in the toilet facilities.
- Vulnerable adults will not be allowed to operate, assemble or dissemble electrical equipment or enter the kitchen. This will be understood in the light of the Club's Health & Safety Policy.
- If a Parent or Responsible Adult attends with their vulnerable individual, but has no personal interest in photography or the Club activities, the Club will consider a reduced or 'nil' attendance charge.
The Club is insured for Public Liability. It should be understood that the PAGB Public Liability Scheme covers negligent acts, but specifically rules out "abuse of minors" which would unquestionably be considered to be wilful. However, a parent whose child was alleged to have been abused might sue the perpetrator and the Club. And if the aggrieved party could establish that the Club had been negligent in allowing a member to have access to a child, a case could be made against the Club, and the Committee might have to face the bill if adequate cover were not in place!
It should also be borne in mind that "abuse" is not limited to physical acts. Displaying unsuitable material - not just of nude bodies but eg pictures of war, persecution or torture, and even swearing in the presence of vulnerable adults can fall into the category of Abuse. Club members, especially its officials, need to be watchful if anyone shows an abnormal interest in younger persons present.
Health and Safety
Photographic Alliance of Great Britain on Health & Safety
Wallingford Camera Club, in common with similar clubs, does not come under the scope of Health and Safety legislation, and is thus not required to have a policy and procedures in place. However - and regardless of whether the administrators of its meeting premises may require its hirers to have such a policy - it has agreed this policy in the interests of good practice and to minimise any risks identified. This is available for the scrutiny of its members.
This Club's policy entails the following:
The Club is covered for Public Liability Insurance, since relying on the premises owner's cover may only be limited to injury or damage caused by the building itself (eg a falling roof tile). (If the premises owner's insurance does give comprehensive cover, the Club should require written confirmation of this from the insurer). The PAGB can provide competitive Public Liability cover.
Club officials should periodically do a visual check inside & outside the premises for potential safety issues, paying particular attention to the handling of boiling water for providing refreshments.
As a common courtesy, the Club should ensure wheelchair users have full access to the meeting rooms. The Club should also consider with the premises owner the provision of induction loops for the hard-of-hearing, and provide a lapel microphone to speakers to facilitate this.
Wallingford Camera Club, in common with similar clubs, does not come under the scope of Health and Safety legislation, and is thus not required to have a policy and procedures in place. However - and regardless of whether the administrators of its meeting premises may require its hirers to have such a policy - it has agreed this policy in the interests of good practice and to minimise any risks identified. This is available for the scrutiny of its members.
This Club's policy entails the following:
- Members and guests will be requested to sign an attendance sheet on entry to the premises, so that a roll-call can be undertaken in the event of an evacuation. Attendees will be made aware of the emergency exits and of the assembly point in the event of an evacuation viz. the Car Park, especially when new guests are present.
- Club officials shall be made aware of the location of fire extinguishers and fire-blanket, and shall be conversant with the operation of such equipment. Training will be given at the first meeting of a new season or as otherwise decided by the officials.
- Club Officials must be aware of the location of any first-aid equipment within the premises, and also be aware of the full address and post-code when telephoning the emergency services. Currently this is Crowmarsh Pavilion, The Street, Crowmarsh Gifford, Oxon OX10 8EA.
- It is advisable that anyone possessing up-to-date first-aid skills be identified.
- Members should be made aware of any specific restrictions or requirements placed on the Club and its members by the administrators of the premises where the Club meets. None available currently
- There is no legal requirement that the Club's electrical equipment be subject to Portable Appliance Testing (PAT). Should the building's administration insist on this (not currently the case), it will only apply to earthed electrical equipment. It is not possible to carry out a meaningful test on non-earthed (double-insulated) equipment. All relevant details can be found on the HSE website http://www.hse.gov.uk/electricity/faq-portable-appliance-testing.htm which exposes a number of myths around PAT.
- Where visiting speakers wish to use their own equipment, the Club officials will use their discretion as to whether to consult the building's administrators that they allow such equipment to be brought in and used provided that it is supplied via a Residual Current Device (RCD). (For details see http://www.electricalsafetyfirst.org.uk/guides-and-advice/electrical-items/rcds-explained. The Club has provided a RCD for its own equipment, and this would also negate the need for PAT. The RCD should be tested at the start of the meeting using the test button, and the electrical equipment of both Club and visiting speaker should be visually checked at the same time.
- All trailing cables and other tripping hazards will be fixed to the floor using appropriate rubber covers before most people arrive. This also protects equipment from being dragged from tables and damaged.
The Club is covered for Public Liability Insurance, since relying on the premises owner's cover may only be limited to injury or damage caused by the building itself (eg a falling roof tile). (If the premises owner's insurance does give comprehensive cover, the Club should require written confirmation of this from the insurer). The PAGB can provide competitive Public Liability cover.
Club officials should periodically do a visual check inside & outside the premises for potential safety issues, paying particular attention to the handling of boiling water for providing refreshments.
As a common courtesy, the Club should ensure wheelchair users have full access to the meeting rooms. The Club should also consider with the premises owner the provision of induction loops for the hard-of-hearing, and provide a lapel microphone to speakers to facilitate this.
Data Protection
A Policy Statement informed by guidelines issued by the Photographic Alliance of Great Britain via the
Chilterns Association of Camera Clubs on Data Protection.
Wallingford Photographic Club is a voluntary organisation existing for the shared interests of its members, and is a ‘Data Controller’ within the UK, subject to the Data Protection Act 2018. All persons whose ‘Personal Data’ are collected and stored are ‘Data Subjects’.The changes in this new Act have no new implications for the Club’s Protection of Vulnerable Individuals Policy.
Summary of Principles:
Provisions:
Chilterns Association of Camera Clubs on Data Protection.
Wallingford Photographic Club is a voluntary organisation existing for the shared interests of its members, and is a ‘Data Controller’ within the UK, subject to the Data Protection Act 2018. All persons whose ‘Personal Data’ are collected and stored are ‘Data Subjects’.The changes in this new Act have no new implications for the Club’s Protection of Vulnerable Individuals Policy.
Summary of Principles:
- The Data Controller may only collect Personal Data relevant for lawful purposes, and where the data is sufficient and adequate, is not excessive, and is kept accurate and up-to-date. Personal Data must be destroyed when it is no longer relevant or required.
- The Controller must keep all Personal Data secure, but also available for the relevant purposes.
- The Controller must respect the rights of Data Subjects, including the right of access.
Provisions:
- Scope: The Club may manage and process data relating to members of the Club, to officials of other Photographic Clubs listed within the published Handbook of the Chilterns Association of Camera Clubs, and to other individuals with whom the Club needs to be in contact, such as editors of local magazines, for the publication of Club events. Information considered sensitive may only be stored on the Club website in a password-protected area.
- Compliance: In the absence of a requirement to notify the Information Commissioner (a practice abolished by the Digital Economy Act 2018), a new and important requirement is for the Club to demonstrate its compliance with the principles enshrined in the EU General Data Protection Regulations as incorporated into the 2018 Act. This is by (i) publishing its Policy and outlining its scope and purpose, and (ii) reviewing and documenting its compliance with its own Policy. This Policy recognizes its need to meet the first of the rights of all Data Subjects: to be informed. Strict measures must be taken to ensure the accuracy and safe-keeping of the data maintained and processed. This is particularly applicable where emails are sent to the membership. Whilst it is acceptable for all email addresses to be visible when messages are restricted to Committee members, to enable sharing of replies, it is essential that messages sent to the whole membership are sent as ‘blind copies’ (BCC).
- Voluntary Officers: The Club should designate one or more persons to be responsible for ensuring the accuracy and safe keeping of the data held by the Club. This is currently the Club Membership Secretary (primary), Chairman and Secretary, who have access to the Club's email address and database, and the Web Master for the Club’s website. Additionally the Competition Secretaries should have the consent of members whose images are entered into Inter-Club competitions. No person acting as Data Controller on behalf of the Club may transfer or share any data with another Data Controller body for whom he/she also has responsibility.
- Lawful Purpose: Of the six lawful purposes for processing Personal Data, those relevant to this Club are Consent, Contract and/or Legitimate interests. The Club should inform its members about the requirement to hold personal data without needing explicit consent – this being valid within a published policy. The data stored must be relevant to the relationship the individual has with the Club - normally Name (including any photographic affiliations, awards or achievements), Address, Telephone number, Email address, Date of birth (only where the Club operates a tiered subscription for Minors), Competition information about image titles and scores, members’ information voluntarily offered about photographic equipment and interests, and any other information necessary for the running of the Club. The Club must delete the information concerning an individual within a reasonable period of time, once the relationship between that individual and the Club comes to an end. To this end it has been deemed to be acceptable to retain members’ details on a “Past Members” list and to remove those details once a former member specifically requests this. The Club deems it important also to retain historical records such as programmes and award winners.
- Consent via a Third Party: Data can be passed to other organisations, such as CACC, PAGB, provided it has the consent of the individual, usually obtained when the individual fills out a membership form. This would normally be restricted to Committee posts (relevant to the needs of the above organisations), and to inter-Club Competition images and authors. The PAGB and the CACC make commitments in their Data-Protection Policies to uphold these principles.
- Subject Access: The Club is obliged to respond readily to a written request from an individual to provide the information that is held pertaining to that individual, without giving a reason. It should also respond to request for rectification of incorrect details. Importantly, the ‘right to be forgotten’ (ie have all personal data erased) is not automatic, and would not apply within the circumstances outlined in this document in relation to electronic marketing. Also the Club must comply immediately with an individual’s request to receive no further emails. It should be made known to Data Subjects that they have a right to complain to the Information Commissioner over any issue relating to the Club’s operation of this policy.
- Electronic Marketing: This does not come within the scope of the Data Protection Act. However, a member is entitled to withdraw consent to the offer of goods and services from outside the Club. And the Club must not make their membership contacts’ information available for electronic marketing. General advertising – such as a pile of leaflets advertising an event - does not come under this.