Monday 6th July

Can teachers record live lessons over video feeds?

 

If there are pupils on the video recording, then the school would need to consider the data protection implications this would have in accordance with the GDPR and Data Protection Act 2018.

 

As the recording would capture personal data (which could include audio), it could be deemed as being intrusive. As such, the school would need to have a strong justification for this, using one of the lawful bases for processing data, and potentially carry out a data protection impact assessment (DPIA). A DPIA should be conducted for processing that is likely to result in a high risk to individuals – this includes systematic and extensive automated decision-making, large-scale processing of sensitive data, and large-scale systematic monitoring of public areas. If the school identifies a high risk that cannot be mitigated, the ICO must be consulted. The ICO will give written advice within 8 weeks, or 14 weeks in complex cases.

 

An alternative could be to prerecord the lesson just including the teacher, as the recording would only be capturing the teacher’s data. The school would still need to consider the teacher’s rights under data protection legislation; however, if the video was pre-recorded to enable the teacher to carry out their role, then the school would more than likely have a basis in law in which to do this. The school must have a valid lawful basis to process personal data. Which basis is most appropriate to use will depend on the purpose of processing the data and the relationship with the individual. 1

 

More information on the lawful basis for processing data and DPIAs can be found in the ‘Related Content’ section of this article page.

 

1 ICO (2020) (Email communication regarding whether live videos can be recorded) [Personal communication: 26 June 2020]

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