THE VITAL ROLE THAT CONSENT-DRIVEN MEDIA MANAGEMENT SYSTEMS PLAY IN SAVING SCHOOLS FROM LITIGATION AND REPUTATIONAL DAMAGE
A typical school takes over 50,000 photos annually. Where are these photos stored, who has access to them, who shares them, how and with whom?
There are so many variables a school must deal with when it comes to managing school media, however, when it comes to the implementation of a school media management system (MMS) many schools continue to use antiquated filing system solutions or generic media management platforms (such as Apple and Google Photos) that are not specifically designed and built to cater to the specific needs of schools, let alone focused on safeguarding children’s data.
Schools are being increasingly scrutinised for their data practices.
There has been a lot of media attention lately from all over the world highlighting the risks of school social media practices and how generic consent applications are failing.
How can schools choose the right system to mitigate potential litigation and avoid reputational damage/student harm?
First step is to do the right thing. Stop using general tools that are clearly not designed for school-use or to protect children. Select a tool that improves privacy rather than one that compromises it.
When it comes to choosing a media management system, factors like cost, time management, lack of education/understanding and the input of multiple stakeholders play a significant role in making the final decision. But we have found the single most prevalent reason schools choose a generic media management tech solution over a compliance-driven one is the assumption that operating under the status quo will suffice for the time being.
Nothing could be further from the truth.
The potential legal and reputational ramifications if schools do not have the appropriate systems in place that embrace proper compliance, consent protocols, and protect student data can be enormous.
A school’s failure to embrace a system that adequately protects this data not only violates regulatory mandates but also exposes schools to significant legal liabilities, by both parents and students.
What should schools be doing now?
Start to explore what better systems are available.
With the growing use of digital tools like social media and the constant creation of media—whether it be photos, videos, or documents—schools face the challenge of effectively managing this content. Disseminating this media safely is not just an expectation but should be an integral component of their school ethos.
There is a plethora of digital repositories available in the market that claim to protect schools and their vast amounts of sensitive student information but what are the essential components to keep litigation at arm’s length.
Understandably, a system that streamlines the organisation, distribution, and utilisation of educational media assets, is paramount as it provides greater efficiencies to school administrators.
Great school media management systems will provide state of the art encryption, integration with existing LMS systems, consent features, simple organisation, and a safe repository to distribute media assets.
One of the most important boxes to tick, however, is a media management system that highlights consent and GDPR as core components of its offering, this acts as an additional insurance policy for schools.
Additionally, media management systems that embrace data security protocols like ISO and SOC2 accreditation, cyber security credentials and the use of ethically driven face recognition technology are ones to examine.
What are the risks in continuing to use “not-fit-for-purpose” solutions?
Without a robust media management system in place to support a school’s overall compliance obligations, schools are vulnerable to numerous legal risks including:
Privacy violations: Schools must comply with data protection laws such as the Australian Privacy Act in Australia, GDPR in the UK and Europe, and Family Educational Rights and Privacy Act (FERPA) in the US. Improper handling of student data—whether through accidental leaks or unauthorised access—can result in legal action. An MMS ensures that sensitive media is securely stored, access is controlled, and proper consent is obtained for any public use.
Defamation/inaccurate representation: Media, especially videos and photos, can easily be misused or taken out of context. If such media is shared inappropriately, it could lead to defamation claims. An MMS provides a structured environment for storing and reviewing content before it is released, minimising the risk of harmful misrepresentation.
Compliance and reporting: Schools are often required to produce documentation for audits, investigations, or court cases. An MMS allows for the efficient tracking of media, ensuring that schools can provide accurate and complete records when needed. This capability is crucial in defending against legal claims, as incomplete or lost records can be detrimental in court.
Where to next?
In a world where digital media is pervasive, schools must take proactive steps to protect themselves from legal risks.
If schools operate under the banner of complacency, then the recent rise in retroactive litigation, which involves the application of new or modified legal standards to past conduct, should be the catalyst for change.
In essence, a media management system is not just a technological tool but a critical component of a school’s legal defence strategy.
Ask yourself: What is the ultimate cost to a school and its community if it decides to take no action on school media privacy?
As schools continue to embrace digital transformation, investing in robust media management systems like pixevety will undoubtedly emerge as a prudent investment in safeguarding their interests and preserving their reputation.
Colin Anson
