Board Policy 4.65: Usage of Camera and Audio Device Policy
The Peralta Community College District puts forth the following guidelines for possession and use of cellular phones with built-in cameras, as well as other electronic devices with photographic capabilities:
1. Camera and audio devices may not be used for unethical or illegal purposes.
2. Camera and audio devices may not be used to photograph or record another person who has a reasonable expectation of privacy, without that person’s knowledge and consent.
3. Camera and audio devices may not be used in a way to violate another person’s copyright, or to harass, intimidate, or bully another person.
4. An image taken using a camera device may not be published, broadcast, or transmitted to any other person, by any means, without the knowledge and consent of each person appearing in that image who had a reasonable expectation of privacy at the time the image was recorded.
5. Camera and audio devices may not be used in any classroom without an instructor’s permission, except as necessary to provide reasonable auxiliary aids and academic adjustments to students with disabilities..
In short, it is a violation of the Board Policy for a student to record or broadcast the image of a student without the recorded person’s knowledge and consent. Pursuant to the Student Code of Conduct in the Student Handbook, a student may be disciplined for not complying with the District policies.
The Board Policy, 4.65, is silent as to how consent must be provided. The remaining policies and Ed Code do not specify that consent means only written consent. Thus, either written or oral consent is sufficient. That being said, we should always encourage written consent because it is easy to prove.
Download Image Use Release Form: