Spanish Schools Cannot Exclude Children for Lack of Image Consent

Spanish Schools Cannot Exclude Children for Lack of Image Consent Schools in Spain are facing legal challenges for excluding children from school activities due to the absence of parental consent for image use in social media. This practice is illegal, according to Article 18.1 of the Spanish Constitution and Organic Law 1/1982, which protects the right to image. The European Data Protection Regulation and Organic Law 3/2018 further emphasize the need for explicit, informed, written consent. "The center must request permission, but if it doesn't have it, the child cannot be separated from the activity," explains Àlex Letosa, a psychology and news commentator. "The center has to guarantee participation, blurring the image or recording without identifying them." Several regional regulations reinforce this legal framework. The lack of parental consent cannot be a reason to exclude children from school events. Schools are encouraged to find alternative solutions, such as blurring faces in photos or using recording methods that do not identify the children. This legal clarification ensures that all children can fully participate in school life, regardless of their parents' decisions regarding image usage.