Is it legal to post pictures of kids at daycare on your facebook page,without asking parents?

[☆ ★Maverick☆ ★]

A friend of mine posts pictures of kids she takes care of, on facebook.

She is proud that she is helping to care for them, loves them and her job.

So she will take pictures with her iphone and upload them--kids playing, or her taking a angle pic with the toddler.

I asked her if the parents know their kids are on her fb page----and she said she doesn't see what the big deal is, she loves her job-why not show it off.

Is this legal?!

[LiberalsRNutz]

Why would it be illegal?

[CW]

If the Facebook page is in the name of the day care it's advertising and illegal without a release.

[Masterpail836]

Freak

[jrobe011]

This is actually a big question right now that is getting a lot of legal wheels turning, but it isn't completely clear. Facebook has been around for a while, but laws haven't really evolved to the point where they need to be to adapt to a huge online social sphere.

It may seem a little harsh, but she is actually in the wrong if she is publishing photos on facebook of children without the parents' permissions. The penalty for doing so varies depending on your state. If your child is one of the kids and you feel uncomfortable you can either contact facebook about it or file an injunction with the help of an attorney.

[clayjar_azn]

I don't know the legality. But if I was a parent, I was ask her to take down any pictures of my kids. I don't want strangers to know where my kids are.

She could get in trouble with the parents themselves. It is best she ask the parents for permission. They are her clients.

[Jay]

It's totally unprofessional and brings her ability to care for children into question. A quality child care provider would realize that posting pictures of children is a no-no without parents' explicit approval.

If she works for a center, then the center must be notified, since this is almost certainly against the policies for their employees.

If she runs in-home child care, then she may not be thinking about it, but she needs to be told to stop. I suggest doing this in a non-confrontational way.

[straightball879]

It is illegal if the child's parent has not given consent for the pictures to be on the internet.

[J M]

yes they can press charges but more then likely wont you should ask the parents anyway out of respect though id be very angry if you put pictures of my kids on there with out asking but if you asked then i wouldnt mind

[Alex]

From what I have seen about people posting pictures on the internet, newspaper, or where ever...it's better to be safe than sorry. If they were my kids and I found out, I would be telling her she had better not be posting any picture of MY children on the internet for the world to see. Bottom line is you shouldn't do ANYTHING with other people's children without permission! Also, if this is an actual business and these are being used for advertising purposes, the parents will need to sign a waiver. Pictures are a big deal, I was just painting pumpkins for charity on my college campus one day and the local newspaper took a picture of me and asked me to sign a waiver. You should always get permission when it comes to pictures. Even if the kids are happy-looking and just playing, she could still get into trouble!