School photographer
School photographers are photographers who take individual or class photos (usually as a set) in schools . The companies that specialize in school photography are mostly nationwide and limited to this line of business. The school in question regularly comes under criticism because it receives remuneration ( commission ) based on the photographer's turnover. The business model is also controversial in terms of competition law , as the organization of just one photo session at the school practically turns the school photographer into a monopoly provider of class photos .
General
In most German schools, photography sets are made once or regularly by external photographers. As a rule, the photos are taken during class time. The school usually engages companies specializing in school photography (travel photographer).
Process and business model
The commissioned company offers a service in return for the order, which is usually based on the amount of sales that the photographer achieves with the respective school. However, no cash is paid here, it is mostly a new PC system, a laptop or a projector that the executing company hands over to the school. In the meantime, it has also become common for the photographers to offer the schools the issue of free student ID cards in return.
As a rule, the collection and the course of the campaign are organized by the school, as is the distribution and return of pictures that have not been accepted. A judgment from Austria considers this activity of the school to be sufficient in order not to expose itself to the charge of corruption.
Legal assessment
In connection with school photography, the BKA assumes over 10,000 suspected cases of corruption.
The LKA North Rhine-Westphalia therefore urgently warns schools against the business model of school photography. The reason is that in practically all cases, the school photographers provide cash or in-kind contributions to schools, development associations, teachers, school administrators or other persons or organizations associated with the school, which means that corruption is practically always present .
In a judgment of May 26, 2011, the BGH stated that there is a general suspicion of corruption.
A report commissioned by the Federal Association of School Photographers in 2007, however, denies that the school photographer is liable to punishments under Section 333 or 334 StGB for a consideration by the school photographer.
A judgment of the Federal Court of Justice of October 20, 2005 also formulated conditions with regard to data protection.
In some cases, schools also pass on student data to the school photographer. The state commissioner for data protection in Baden-Württemberg says that there is "no right of the school to pass on student data to third parties for commercial purposes without consent ." He continues: "The school may only have the pupils photographed ... if they or their parents have given their consent in writing".
With the entry into force of the General Data Protection Regulation, the consent of all legal guardians must be obtained before taking the pictures.
Individual evidence
- ↑ Archived copy ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 97 kB) Sample judgment from Austria
- ↑ [1] Schools hang out with photographers - 10,000 suspected cases, Der Westen v. 5th November 2015
- ↑ [2] "School photos - a wide field of corruption?", Heise online, November 12, 2015
- ↑ [3] BGH 3 StR 492/10
- ↑ Archived copy ( Memento of the original from January 4, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 92 kB) Expert opinion on criminal liability
- ↑ Archived copy ( Memento of the original from March 4, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 45 kB) BGH judgment of October 20, 2005
- ↑ Archived copy ( memento of the original from February 1, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. from the activity report of the State Commissioner for Data Protection in Baden-Württemberg 1999
