19. A full list of legislation relevant to all aspects of online safety, including the safe and responsible use of mobile technology, can be found in the annex (which is available at www.scotland.gov.uk/Topics/Education/Schools/HLivi/behaviour). This has been lifted from the accompanying guidance for the Scottish version of the e-safety self-review tool for schools, 360 Degree Safe, and will be kept under review and updated as necessary.
20. Regardless of specific legal aspects, staff, children and young people need to feel safe and protected. The school's policies on promoting positive relationships and behaviour and anti-bullying will provide a framework which should underpin responses to cases where mobile technologies have been, or are perceived to have been, misused.
21. Policies should make clear that there are consequences for misusing mobile technologies. In cases of extreme misuse where criminal events have been recorded using a mobile device, this immediately becomes a police matter and the school should place the device in the hands of the police without trying to access the contents.
22. Taking photographs or film/audio recordings of anyone without their permission may be regarded as a breach of a person's rights, which may be regarded in some instances by the police as a breach of the peace.
23. Should anyone choose to record images and then upload them onto social networks without permission from the person being recorded, the individual should be asked to remove this as part of the normal behaviour policy of the school. Schools may also approach social networks to request removal of inappropriate materials but the decision to do this lies with the social network provider.
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