I would agree with Steve on this. I would also add that you can never presume that someone will (or will not) do something. So presuming that the interviewer will ask “is it OK if I record the interview” is leading you, potentially, down a path that could lead to the ICO’s door.
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: 05 January 2012 13:30
To: [log in to unmask]
Subject: Re: [data-protection] Explicit consent for audio/video recording
Michelle,
I would have a tick box as part of the form stating the participants consent to the interview being 'recorded' and it should also state 'what the recording shall be used for', especially if it is be played/viewed/put on website etc as part of the project. This doesn't answer your question directly but I suspect your next question to the 'project group' is why are we recording? and what will it be used for? How long will we keep the footage? Who will it be shared with etc.
These are all the things the data subject should be aware of one way or another. Also as video footage can refer to the race of the individual I would try to make sure I had explicit consent for video footage to be taken.
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
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Broxtowe Borough Council
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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
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