Latest Consent & Use Guidelines: Taking and Sharing Photos of Children in Public
In an age of smartphones and social media, snapping and sharing photos of children in public settings raises both legal and ethical questions — especially for photographers and content creators.
As of late May and early June 2025, the New Zealand Office of the Privacy Commissioner (OPC) introduced new guidance regarding photographing and filming children at events. However, it’s guidance under the existing Privacy Act 2020, not changes to underlying legislation. Here’s what’s new:
Here’s what you need to know to remain legally compliant and respectful of privacy — under both the Privacy Act 2020 and the OPC’s new May 27, 2025 guidance.
Is it Legal to Photograph Children in Public Spaces?
In New Zealand, there are no laws outright banning the photographing of individuals, including children, in public places like parks, beaches, and streets.
Legality doesn’t equal responsibility — just because an image is legal doesn’t mean it’s ethical or welcome by parents or the community.
New Consent & Use Guidelines - May 2025
1. Images as Personal Information
Any identifiable photo of a child is treated as personal information under the Privacy Act — and the OPC’s guidance makes this explicit.
2. Informed, Flexible Consent Required
Always obtain informed consent from parents or guardians — and from the child when appropriate. Explain clearly:
- What you're capturing
- Why and how it will be used
- Who it will be shared with
Consent must be ongoing — consent can be withdrawn at any time.
3. Purpose-Limited Use & Retention
Images must only be used for the purposes explicitly stated at collection. As children grow, what was once innocent may become embarrassing — so implement a deletion policy aligned with usage and consent, honoring withdrawals.
4. Watch the Risks
Images can reveal far more than they appear to:
- Location, school, age, group affiliations, etc.
- They may expose kids to harm, online abuse, facial‑recognition misuse, identity theft or grooming — and you hold responsibility.
5. Empowerment & Education
Your approach should:
- Empower children (and parents) to understand and exercise their privacy rights
- Let kids know they can say no or ask you to stop filming at any time.
When Do You Need Consent
Scenario Consent Needed? Details
Public park/beach ✔️ Legally: no; ethically: yes Always invite optional permission and blur faces if in doubt
Private/semi-private event ✔️ Yes Clear disclosure required from organisation and guardians
Commercial use (social media, ads) ✔️ Written consent Mandatory for any promotional use
Responsible Child Photography: Updated Tips
- Obtain informed consent from parents/guardians — and the child, when appropriate — clearly stating purpose and usage.
- Explain rights to withdraw consent at any time.
- Limit image collection and usage to stated purposes.
- Create deletion and retention schedules, aligned to consent and purpose.
- Protect stored images: disable excessive metadata, use secure storage, apply limited access controls.
- Blur or obscure identities if consent is uncertain or withdrawn.
- Respect venue policies and enforce no-phone zones in private areas.
- Be ready to act on opt-out or takedown requests promptly.
Final Thought
While photographing children in public is legal, the new OPC guidance from 27 May 2025 has raised expectations significantly. You must now follow informed consent, purpose limitation, secure handling, and deletion approaches to maintain trust, privacy, and safety.
This isn’t just about avoiding complaints — it positions you as a professional, ethical photographer, trusted by families and organisations.
Further information: https://www.privacy.org.nz/news/statements-media-releases/new-photography-and-filming-guidance-to-help-protect-children-and-young-people/
Disclaimer: This information is provided as guidance and not legal advice. For complex situations, consult the Office of the Privacy Commissioner or a qualified legal expert.
