Privacy in the Digital Age: Social Media Clauses

Who owns the photo?

Your nanny takes an adorable photo of your child at the park. They post it to their Instagram story. Is this a breach of privacy?

Without a contract, it's a gray area. With a contract, it's black and white.

The Three Levels of Privacy

  1. Strict NDAs: No photos of the children, house, or location are ever to be taken or shared. Common for high-profile families.
  2. Private Sharing Only: Nanny may take photos to send to parents via text/WhatsApp, but no social media posting is allowed.
  3. Permission-Based: Nanny may post, but faces must be obscured (emojis over faces) or specific permission must be asked for each post.

Geotagging Risks

Crucially, your policy should ban real-time geotagging. Posting "At Central Park Playground!" while currently there creates a security risk. Posts should be "latergrams" - posted after they have left the location.

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