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Using children's photos on HOA web site

Started by TerriS6 • 13 replies • 313 views

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TerriS6 (California)
Posts: 3,284
Posted:
When there are neighborhood events within the HOA on common area and photos are taken of members' children...common sense advises not to post children's photos in the public access pages of the site. With written parental permission, they could be posted in the members-only page of the site.

The question: is not the HOA also subject to the federal Children's Online Privacy Protection Rule?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Not a lawyer, but I would think so.

This is one area where I'd consider using AI-generated images if I absolutely HAD to have photos of minors on my website. I'd also post a disclaimer that the photos are AI-generated to avoid people losing their minds over them.

Come to think of it, our board has occasionally put images in the newsletter (although we ask for permission from everybody). Since newsletters are often available online, I would think they'd also be covered by the Rule.

There are landmines everywhere...
CathyA3 (Ohio)
Posts: 6,299
Posted:
Children's Online Privacy Protection Rule ("COPPA")

Quote:

"COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age."

The answer will probably depend on whether photographs are considered "personal information". Since our attorneys have cautioned us in the past about posting photos of minors without their parents'/guardians' permission, I think the answer is yes. This is one reason the attorneys have been so against allowing homeowners to post on official HOA websites in general.
TerriS6 (California)
Posts: 3,284
Posted:
"Personal information means...a photograph, video, or audio file where such file contains a child's image or voice...
..." also includes information sufficient to identify a street, city, or town. (So if it's on the HOA's site, the town is identified.)
GregoryT1
Posts: 315
Posted:
Each school my kids attended they had permission paperwork for photos and images being posted on websites. It was a yes or no. It's just an overlooked item that needs to be addressed promptly with the board. Good question.
SheliaH (Indiana)
Posts: 6,964
Posted:
Here's information on the rule - now that you're on the board, you can Google some of this stuff and then take your questions to the association attorney. https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa

That said, I would err on the side of caution (and common sense, as you said) and NOT post the photos in the public access section. Even if they were being posted in the members only section, I think I'd still get permission from the parents. You could always let parents know in advance photos of kids activities may be taken and posted in the members only section, and if they'd rather not have their kids involved, you could get something from them. If a bunch of parents say no, nix photos altogether or at least tell parents it's ok if they photograph their own kids for private use.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
Under FTC’s FAQs regarding to whom the rule applies: “ It also applies to operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13. The Rule also applies to websites or online services that have actual knowledge that they are collecting personal information directly from users of another website or online service directed to children.”
TimB4 (Tennessee)
Posts: 21,059
Posted:
I echo Shelia about the use of common sense and the need to get a legal opinion.

This is simply too delicate of a subject to try to do on your own.

If this is your Association, I would suggest contacting the board about your concerns.
It's highly likely that they simply did not know and, in an attempt to encourage community harmony, did not think that they were creating an issue.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By TimB4 on 10/11/2024 10:23 AM
I echo Shelia about the use of common sense and the need to get a legal opinion.

This is simply too delicate of a subject to try to do on your own.

If this is your Association, I would suggest contacting the board about your concerns.
It's highly likely that they simply did not know and, in an attempt to encourage community harmony, did not think that they were creating an issue.

It will be on the next agenda, I'm told, per my request.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By TerriS6 on 10/11/2024 6:53 AM
When there are neighborhood events within the HOA on common area and photos are taken of members' children...common sense advises not to post children's photos in the public access pages of the site. With written parental permission, they could be posted in the members-only page of the site.

The question: is not the HOA also subject to the federal Children's Online Privacy Protection Rule?

I asking myself why the HOA has a public access page and what purpose it serves?

KerryL1 (California)
Posts: 14,550
Posted:
Our "public Access" page is basically for prospective buyers, realtors, and others who wan tto j know about out Project. It includes good photos (twin towers & one common area bay, ocean,downtown). I has info like # of Units,that there's a commercial suites comments, and amienitiies.

I've assumed such pages av re very common. Maybe not?
TerriS6 (California)
Posts: 3,284
Posted:
Kerry, you are right; they are common.
DeanJ
Posts: 1,786
Posted:
Public HOA websites are common when a developer is selling units, but in my area HOAs do not maintain a public websites. As a board member, it certainly wouldn’t be worth the expense or hassle to maintain.

LayaS (Nebraska)
Posts: 249
Posted:
Quote:
Posted By GregoryT1 on 10/11/2024 8:15 AM
Each school my kids attended they had permission paperwork for photos and images being posted on websites. It was a yes or no. It's just an overlooked item that needs to be addressed promptly with the board. Good question.

I worked in an elementary school and the school also required permission paperwork be signed by the parents. It also included photos printed in newspapers and other print media. This was recommended by the school district's attorney. The school has many functions where children are in photos. Probably way more than in HOA functions. It's a good idea for the HOA to consult an attorney though.

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