How NGOs can use images of children responsibly
Legal guidance for protecting minors’ rights and privacy
In recent years, concern has grown regarding the protection of the image of children and adolescents, especially in the digital environment and on social media.
For many social organizations, this issue is particularly important. NGOs that work with minors, teenage mothers, babies or vulnerable families need to show the impact of their work in order to obtain support, donations or funding. However, when doing so, they must avoid violating fundamental rights such as privacy, dignity, identity and the safety of minors.
Photographs of minors may constitute personal data, which means their capture, storage and publication must be handled carefully and in accordance with the applicable regulations.
Legal framework applicable in Peru
In Peru, the protection of minors’ images is based on different national and international regulations.
The Political Constitution of Peru recognizes every person’s right to honor, personal and family privacy, and their own image. These rights receive special protection when minors are involved.
The Civil Code establishes that a person’s image cannot be used or disseminated without express authorization. In the case of minors, this authorization must be granted by their parents, guardians or legal representatives. If the minor has sufficient maturity, especially from adolescence onward, it is also advisable to take their opinion into account.
The Code of Children and Adolescents protects minors’ privacy, identity and personal image, and prohibits any dissemination that could affect their dignity.
In addition, Peru applies the Convention on the Rights of the Child, which establishes that no child shall be subjected to arbitrary interference with their private life, family, home or correspondence, nor to unlawful attacks on their honor and reputation.
Finally, Law No. 29733, the Personal Data Protection Law, considers a person’s image to be personal data. Therefore, the use of photographs requires prior, express and informed consent, clearly indicating the purpose for which they will be used.
This applies, among other cases, to:
- websites
- social media
- fundraising campaigns
- institutional materials
- printed or digital publications
Consent is mandatory
The publication of images of minors must have prior written authorization from parents, guardians or legal representatives.
This authorization must clearly state:
- the purpose for which the image will be used
- the means of dissemination
- the scope of the authorization
- the duration of the permission
- the possibility of revoking consent
For example, the authorization may be limited to a specific campaign, a specific publication or a determined period, such as one year.
Please click here to download a model authorization (in Spanish).
This document must be kept in the organization’s institutional records, together with an organized register of the signed authorizations.
Legal risks when publishing images of minors
An NGO may face legal issues if it publishes images of minors without the corresponding authorization or if it uses the photographs in a way that may affect their dignity, privacy or safety.
Some common risks include:
- publishing photos without consent from parents or guardians
- identifying the minor by full name
- revealing personal data
- showing addresses, schools, locations or references that could make it possible to locate the minor
- exposing sensitive or vulnerable situations
- using images in a stigmatizing way
- allowing third parties to misuse the photographs
- generating improper commercial exploitation of the image
The risk is not limited to the original publication. Once an image is published online or on social media, it can be downloaded, shared or used by third parties outside the organization’s control.
How an NGO can use images of minors safely
NGOs can use images of minors, but they must do so under criteria of protection, responsibility and necessity.
The main rule is simple: if it is not necessary to show the minor’s face or identify them, it is better not to do so.
1. Use institutional images
It is preferable to use photographs that show the organization’s work without focusing attention on one specific minor.
For example:
- educational activities
- workshops
- games
- community events
- delivery of support
- group activities
- general scenes from the project
This type of image makes it possible to show the NGO’s social impact without unnecessarily exposing minors.
2. Avoid direct identification
Publications should not include full names, addresses, family details, schools, exact locations or information that could identify or locate the minor.
It is also important to avoid combining an image with a story that is too detailed if that information makes it possible to recognize the child or adolescent.
3. Prefer group or non-identifiable photographs
Whenever possible, it is advisable to use images in which the minor is not individually identifiable.
Some safer options include:
- group photos
- photos taken from behind
- wide shots
- blurred faces
- partial shots
- a baby’s hands
- a baby’s feet
- silhouettes
- drawings made by children
- symbolic images
These alternatives help communicate the organization’s work without compromising the minor’s privacy.
4. Take care with the context of the publication
Publications should explain the NGO’s social work, the assistance provided and the humanitarian purpose of the project.
Any content that exposes the minor in sensitive, humiliating or vulnerable situations should be avoided. Any approach that could stigmatize the minor because of their social, economic or family situation, or because of their place of origin, should also be avoided.
The image should show the work of the institution, not turn the minor’s personal situation into an emotional resource for obtaining donations.
Use of images in fundraising campaigns
Support or fundraising campaigns can show the social impact of an NGO without violating rights.
For this purpose, it is advisable to prioritize:
- institutional photographs
- images of activities
- anonymous stories
- general testimonials
- symbolic images
- general project data
For example, instead of publishing the name, face and full story of a minor, an anonymous formula can be used:
“A young mother living in our home was able to continue her studies while caring for her baby.”
This type of communication conveys the value of the social work without exposing personal data.
In some cases, a minor’s face may be published, but only if there is signed authorization, clear information about the use of the image and a prior assessment confirming that the publication will not affect their dignity, safety or privacy.
Internal protocol before publishing an image
Every organization that works with minors should have an internal procedure for reviewing images before publishing them.
Before taking, storing or publishing a photograph, the NGO should verify:
- that there is signed authorization from the mother, father, guardian or legal representative
- that the consent is registered in the institutional records
- that the image corresponds to the authorized purpose
- that it does not reveal personal data
- that it does not make it possible to locate the minor
- that it does not affect their dignity
- that the publication is truly necessary
- that the content is appropriate for public dissemination
This prior control is especially important before publishing images on social media, where dissemination can be fast and difficult to control.
Secure storage of photographs
Images of minors must not only be protected when they are published. They must also be stored securely.
Photographs should be kept in systems with restricted access limited to authorized personnel only. In addition, the organization should avoid sharing images through informal or uncontrolled channels, especially when identifiable minors are involved.
It is also advisable to keep a record of authorizations, indicating which images were authorized, for what purpose, for how long and through which media they may be used.
Recommended documents for an NGO
To reduce legal risks, a social organization that works with minors should have the following documents:
- authorization form for the use of a minor’s image
- personal data protection policy
- child protection policy
- register of signed authorizations
- protocol for the safe publication of images
- procedure for revoking consent
These documents help demonstrate that the organization acts responsibly and has internal measures in place to protect minors.
Revocation of consent
Parents, guardians or legal representatives may revoke the authorization granted at any time by submitting a written request to the organization.
For this reason, the NGO must have a clear procedure for receiving these requests, reviewing the corresponding publications and removing the images when necessary.
Final recommendation
Social organizations that work with minors can show their work and attract financial support, but they must do so responsibly.
The use of images of children and adolescents must be based on three fundamental principles:
- informed and written consent
- protection of the minor’s identity
- responsible use for social and institutional purposes
Applying these criteria makes it possible to communicate the impact of an NGO’s social work without violating the fundamental rights of minors.
Frequently Asked Questions about children’s images and NGOs in Peru
Yes, NGOs can publish photos of children, but only if they have prior written authorization from the child’s parents, guardians or legal representatives. The publication must also respect the child’s privacy, dignity, identity and safety.
Yes. In Peru, NGOs should obtain written, informed and express consent before using or publishing images of minors. The authorization should explain where and how the photo will be used, for what purpose and for how long.
Yes, but social media use requires special care because images can be shared, downloaded or reused by third parties. NGOs should prioritize group photos, non-identifiable images, blurred faces, activity photos and posts that do not reveal personal data.
A consent form should include the purpose of the image use, the media where the photo may appear, the duration of the authorization, the scope of the permission and the right to revoke consent. It should be signed by the parent, guardian or legal representative.
Yes. A person’s image can be considered personal data under Peru’s Personal Data Protection Law. This means that using a child’s photo requires prior, express and informed consent, especially for websites, social media, campaigns and institutional materials.
Safer options include group photos, photos taken from behind, wide shots, blurred faces, partial images such as hands or feet, symbolic images and photos of activities where the child is not individually identifiable.
Yes, but they should avoid exposing children’s personal situations in a way that affects their dignity or privacy. It is safer to use institutional photos, anonymous stories, general testimonials and symbolic images instead of publishing a child’s name, face and full personal story.
Yes. Parents, guardians or legal representatives may revoke consent at any time through a written request. NGOs should have a clear procedure to receive these requests and remove the relevant images when necessary.
Planning to start or manage an NGO in Peru?
Registering and running a non-profit in Peru comes with specific legal, tax, and reporting requirements. Getting it wrong can block funding or lead to sanctions.
Book your private consultation with Sergio Vargas to understand the full legal framework and avoid common pitfalls when working in the non-profit sector.
The session takes place via Zoom and can be conducted in English or Spanish.
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