Many aspects need to be considered when recording lectures, and CU group guidance is being written. In the meantime, the JISC guide, Recording lectures: legal considerations, offers clear guidance, including copyright issues that may arise when recording lectures.
Lecture recording and data protection
The Information Governance Unit (IGU) is working on guidance on recording and filming lectures, which will be published on the Data Hub once it is complete.
The Data Protection Act 2018 and General Data Protection Regulation allow individuals to control how information about them is to be used. The University is processing their data by recording identifiable living individuals – lecturers, students and others.
Any processing must be fair and comply with the data protection principles. This includes identifying a lawful basis for using and re-using recordings of teaching sessions that include personal data.
The University could rely upon the lawful basis of Legitimate Interests (an assessment would need to be completed if relying upon this lawful basis, and IGU can assist with completing this document). This means that obtaining individuals’ consent for each recording is unnecessary.
Privacy notice
Clear information about the nature and purpose of the recording must be provided in advance to those being recorded. This includes who is making the recording, how it will be re-used, the lawful basis, how long the recording will be kept and to whom it will be disclosed or shared. This is usually done as a Privacy Notice (IGU can assist with drafting this).
In practice, all participants should be referred to the privacy notice, informed that a lecture is being recorded and, where possible, provided with an opt-out (e.g., a specified area in the lecture room where the recording will not occur). Likewise, where a teaching session is taking place online and being recorded (for re-use of the teaching session), participants need to be referred to the privacy notice, informed that a recording is taking place and provided with information about the further re-use of the recording.
In some circumstances, when a recording is to take place, a simple announcement by the lecturer (referring to the privacy notice) will be sufficient; where there is likely to be a significant contribution or presentation by a participant or another party, a signed consent form before the recording is needed. Recordings cannot subsequently be used without consent for purposes incompatible with those for which they were made.
Please contact the Information Governance Unit or similar office in your Institution directly for further advice and guidance. You may look at the University’s guidance and the JISC guide Recording lectures: legal considerations.
The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.