Mobile phones: guidance for Scotland's schools

Legal aspects

28. There are a number of online behaviours that could constitute a criminal offence. In responding to any specific behaviours, towards pupils or staff, it is important for schools and education authorities to have an awareness of the relevant legislative landscape and to seek their own legal advice where appropriate.

29. Legislation relevant to aspects of online safety, including the safe and responsible use of mobile phones, can be found in appendix C5 of the Scottish version of the online safety policy tool for schools, 360 Degree Safe Scotland. The 360 Degree Safe Scotland self-review tool is free to use and is intended to help schools review their online safety policy and practice.

39. School policies on promoting positive relationships and behaviour and anti-bullying are to provide a framework to underpin responses to cases where mobile phones have been, or are perceived to have been, used inappropriately. This includes where a mobile phone has caused a distraction from learning.

31. School staff cannot access content on a pupil’s mobile phone without the pupil’s consent, or the consent of their parent or carer where the pupil does not have capacity to consent.

32. Policies should make clear that there are consequences for misusing mobile phones. Where potentially criminal events have been recorded using mobile technology, this should be drawn to the attention of the police.

33. Taking photographs, videos or audio recordings of an individual without their permission may be regarded as a breach of that person’s rights, and may, in some instances, be regarded as an offence by the police.

34. Should images or recordings be uploaded onto social networks without permission from the data subject, the individual should be asked to remove this as part of the normal behaviour policy of the school.