Written answer
Data Protection
1154. Deputy John Paul O'Shea asked the Minister for Education and Youth if her Department has reviewed, or plans to review, its policies and guidance for schools regarding the publication of photographs and images of children on school websites and social media platforms (details supplied); when her Department’s existing guidance in this area was last reviewed; whether consideration has been given to issuing updated national guidance to schools and boards of management on the publication and protection of children’s images; and if she will make a statement on the matter. [61146/26]
Comment on this
Under the Education Act 1998, the Boards of Management of Schools have responsibility for the day-to-day management of schools. Decisions regarding the use and deployment of digital technology in schools is therefore a matter for the Board of Management of each school in the context of their digital learning planning.
There is currently no single national guidance document in Ireland governing the online sharing of children and young people’ images by schools. Schools are required to comply with a range of legislative and policy frameworks.
Governance Manual For Primary Schools 2023 - 2027, on page 56 states:
The website www.gdpr4schools.ie was established to assist schools prepare for and implement GDPR requirements. The Data Protection Commission (DPC) published guidance The Fundamentals for a Child-Oriented Approach to Data Processing | Data Protection Commissioner on 17 December 2021. This guidance sets out principles and recommendations for organisations to follow when processing children’s data. The fundamentals seek to enhance the level of protection afforded to children, both online and offline.
The Data Protection Commission (DPC) is the national independent authority responsible for upholding the fundamental right of individuals to have their personal data protected. It is the supervisory authority responsible for monitoring the application of the General Data Protection Regulations (GDPR). The statutory powers, duties and functions of the DPC are as established under the Data Protection Act 2018.
Schools and Education and Training Boards (ETBs) are separate data controllers from the Department under data protection law and are responsible for their own compliance with the GDPR and Data Protection Act. Schools can consult with their management body and/or the DPC if they require further advice.
The DPC published a "Data Protection Toolkit for Schools" to assist with specific concerns and challenges faced by schools and following consultation with a number of organisations in the education sector. The Toolkit includes specific guidance about photographs of students.
Under the Online Safety and Media Regulation (OSMR) Act 2022 schools hold specific responsibilities to ensure compliance and enhance online safety for children. Schools are required to integrate online safety into their child protection procedures, clearly outlining processes to manage incidents involving harmful digital content or cyberbullying.
The Child Protection Procedures for Schools 2025 procedures build on the previous Child Protection Procedures for Primary and Post-Primary Schools (updated 2023) and take account of the statutory obligations under the Children First Act, 2015 and the Children First: National Guidance for the Protection and Welfare of Children 2017.
The Child Protection Procedures for Schools 2025 require schools to address online safety explicitly in their Child Safeguarding Statement and risk assessment, and where risks have been identified, policies and procedures that are in place to manage the risk must be set out in the Child Safeguarding Statement.
Key to the Department of Education and Youth’s (DEY’s) Digital Strategy for Schools to 2027 is that all learners are given the opportunity to use digital technologies in their learning to reach their full potential and provide them with the necessary digital skills needed for an increasingly digital world.
The Strategy recognises that the education system must equip children and young people with the digital skills necessary in a digital world. Keeping children and young people safe as they navigate a digital world is vital.
Digital Strategy for Schools to 2027 recognises that all schools are advised to have an Acceptable Use Policy (AUP) in place, which governs students’ use of digital technologies in schools and covers a wide range of issues surrounding the rights, responsibilities and privileges connected with the use of technologies.
Webwise have developed a helpful set of guidelines for consideration when developing an AUP and included an AUP template that can be customised for all schools to use, together with examples of such policies from other schools.
Online safety and the safe and ethical use of digital technologies is a key component of the Digital Strategy. Under the strategy, Webwise, the Irish Internet Safety Awareness Centre, promotes the autonomous, effective and safe use of the internet through a sustained information and awareness strategy targeting school leaders, teachers, parents and children themselves. Webwise develops and disseminates resources that help teachers integrate digital citizenship and online safety into teaching and learning in their schools.
Webwise also provides information, advice, and tools to parents to support their engagement in their children’s online lives. Webwise also run campaigns addressing key topical issues as they arise.
Webwise is part of the Safer Internet Ireland consortium and partners with ISPCC Childline, Irish Internet Hotline and the National Parents Council (NPC) under the umbrella of the Irish Safer Internet Centre to provide a range of complementary online safety services.
The webwise.ie resource includes a dedicated School/Teachers Hub with extensive Social Personal and Health Education (SPHE) curricular supports, a Parents Hub and Youth Hub which give practical information and advice on the safe, ethical and responsible use of the internet and addresses key issues such as cyberbullying, sexting, image sharing, respectful communication, social media, popular apps and more. Webwise also provides some advice on posting photos to school websites, available at Posting Pictures to a School Website: Issues to be Aware of.
Webwise has also developed online safety advice on the use of AI, which sets out the challenges, concerns and the issues schools need to consider. Recent concerns regarding the availability of AI tools and apps and deepfakes, highlight the importance of continued vigilance in relation to children’s online safety, age-appropriate access and responsible use of digital technologies in our schools.
In response to emerging risks, my Department, in collaboration with Webwise, issued a communication to all schools in January 2026 highlighting updated information and guidance for parents and schools on the risks, harms and safeguarding issues associated with a particular AI enabled social media app, available via the Webwise website at www.webwise.ie/news/nudification-apps-information-and-guidance-for-parents-and-schools/. It also reminded schools of the range of online safety supports available through Webwise and the Department.
My Department is also engaging with Coimisiún na Meán regarding measures to promote online safety and prevent online bullying and to promote awareness of the new Online Safety Framework.
This engagement is done mainly through Webwise and includes assisting An Coimisiún in raising awareness of their new online safety educational resources being developed about the rights of children and young people under the Online Safety Framework.
I wish to assure you that the well-being of all learners is, and will continue to be, a key priority of my Department, as well as the empowerment of parents and school communities through education and information. My Department will also continue to work with other Government Departments, and agencies such as Coimisiún na Meán, to ensure an effective whole of government response to protect children and young people online and to maximise their learning.
The current Digital Strategy for Schools to 2027 remains in effect until 2027. Beyond this, continued stakeholder engagement will be required to support the development of a new framework.