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Posting photos of kids online: it's not harmless!

At school, a sports club or a neighbourhood party... we all like to share photos of our memories. But specific rules apply when posting a photo of a child. In Belgium, image rights and the GDPR protect minors. Here's what you need to know before clicking "post".

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Image rights and data protection

Two main rules protect children:

  • Image rights: no photo of a child may be published without permission. This protects the child's privacy.
  • The General Data Protection Regulation (GDPR): a photo of a child is personal data if they can be identified. A legal basis (often consent) is required to take, store or share a photo.

Who can give agreement?

As long as a child cannot decide for themselves (generally under the age of 14), the agreement of both parents is required. After the age of 14, both the child and parents must give their consent together. Online (social media, games, etc.), the age of digital consent is 13 years. If a child is younger than this, parental consent is required.

Targeted or casual photos?

The External linkBelgian Data Protection Authority (DPA) makes a distinction:

  • Targeted photo: the child is recognisable (portrait, close-up). Written consent is required, specifying the intended uses, duration, channels, etc.
  • Non-targeted photo: a group photo or casual shot with no one person in the spotlight? Just prior notice may be enough.

Withdrawing consent? That's possible!

Consent can be withdrawn at any time, as simply as it was given. The organiser (school, club, local authority, etc.) must then stop using the image and remove it from its channels within a reasonable period of time (subject to legal exceptions).

Your rights in practical terms

At any time, you can:

  • request access to photos and related information;
  • correct an erroneous caption or delete a photo ("right to be forgotten");
  • object to a use or request a restriction in certain cases;
  • file a complaint with the DPA if your rights are not respected.

To exercise your rights, contact the relevant organisation or its Data Protection Officer (DPO), ideally in writing, specifying your request.

To find out more, the External linkDPA website has a section about young people and image rights: External linkjedecide.be

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