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Michelle, aside from DP considerations,
if (as one assumes) the video is to be used/shown by the authority, then you should
also ensure you have obtained specific consent from the subject to use the
video for these purposes - i.e assignment and release of image rights. Also, if
the photographer is not one of your employees, make sure in his contract that
he assigns to the authority his copyright in the video/photo.
All of this should be
captured in writing.
Good luck.
David Hirst
Legal Adviser
University of
Sunderland
4th Floor, Edinburgh
Building,
City Campus,
Chester Road,
Sunderland, SR1 3SD
Direct: 00 44
(0) 191 515 2452
Fax: 00 44 (0)
191 515 2456
From: This list is for those interested in Data
Protection issues [mailto:[log in to unmask]] On Behalf Of Peel,
Michelle
Sent: 05 January 2012 12:34
To: [log in to unmask]
Subject: [data-protection] Explicit consent for audio/video recording
Hi,
I wonder if
anyone can help me. I am assisting with consent issues for a Customer Journey
Mapping project with families in Trafford (part of the Community Budgets work).
I have developed a fairly extensive consent form for people to use for
participation in the project, and the form is in use.
However, it
has now come to light that the interviews (that the participant is consenting
to take part in) may be video or audio recorded dependent on the interviewers
preferences, and I have now been asked whether this needs an additional consent
form from a DP point of view.
I am of a
mind that it isn't, but naturally I've now spent so long thinking about it that
I'm not sure! I would assume that the participant would be asked whether they
objected, but am not clear whether this absolutely needs to be recorded, or
whether it would be good practice to record, or if it's not necessary.
Can anyone
help?
Thanks very
much,
Michelle
Peel
CYPS
Information Governance Officer
Compliance
and Governance Team
Trafford
Council
2nd Floor
Quay West
Trafford
Wharf Road
Trafford Park
Manchester
M17 1HH
Tel: 0161 912
1240
Fax: 0161 912
1286
Gov Connect
email: [log in to unmask]
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