It seems to me that it is not illegal for individuals to make
recordings, of meetings, conversations, telephone conversations,
either covertly or overtly (whether in a private capacity, or for that
matter, as a member of staff). It is however illegal for organisations
to make recordings covertly (at least over the telephone - RIPA),
and at the least bad practice in all other occasions.
I think it is up to the organisation to make clear what exactly it will
do in various situations, through codes of practice / policy etc. E.g.
it will not make covert recordings on any occasion; it will make
recordings with the permission of all attendees; it will not accept
recordings made covertly by, for instance, members of staff as part
of a grievance / whatever procedure. Of course it could also say
that it does not accept notes taken at a meeting by that same
person as part of the grievance / whatever procedure. And obviously
it is impossible to make notes covertly, whereas a recording can
be made covertly!
And of course, if a grievance / whatever goes outside the
organisation, to for instance industrial tribunal, it is up to the courts
to decide whether to accept covert (or otherwise) recordings.
Just a personal opinion.
Regards
Lucy Fincham
Date sent: Fri, 2 Nov 2007 12:19:19 +0000
Send reply to: Kathryn Billings <[log in to unmask]>
From: Kathryn Billings <[log in to unmask]>
To: [log in to unmask]
Subject: Re: [data-protection] Recording meetings and dissemination of the recording
> Is there any argument to run that, in these days of modern technology, it
> is reasonable that an audio recording is simply a parallel for a set of
> shorthand meeting notes which are then transribed?
>
> After all a recording, together with handwritten notes, ensure an accurate
> contemporaneous account of what was said on both sides with absolute
> preservation of accuracy (which written notes may actually fall down on)
> including the tone with which the words were spoken.
>
> Now THIS must be a Friday question :-)
>
> My previous and as yet uncommented on query was:
>
> Tim
> Thanks for this.
>
> Are you saying that in your view, if done in an office context, a person
> would be unlikely to argue 'personal use' even if it was advice to them as
> an individual?
>
> btw in this particular context, the person was asked 'do you mind if I
> record this' (and was taking notes on a sheet of paper at the time) and was
> told that would be fine.
>
> btw Charles has also raised the issue, which I can imagine would apply in
> some instances (but not this particular one where the words were
> professional advice given in their professional capacity as an employee to
> another employee), that spoken words can be copyright.
>
> Kind regards, Kathryn
>
>
> Tim has said that...
> 'I don't think covert recording of a meeting would be easy to square with
> Data Protection, because it would be unfair. If it was done as part of an
> investigation, it could also breach RIPA. If all participants in a meeting
> know the recording is happening, it should be OK. The only exception to
> this would be if a member of the public recorded a meeting for their own
> personal reasons, in which case they could rely on domestic purposes.
>
> A third party recording the meeting without any of the participants knowing
> could, in my opinion, only happen legally if carried out as part of a
> legitimate investigation, and with due attention to RIPA.
>
> In terms of dissemination, it depends on what the participants were told,
> what they consented to (if the recording needed their consent - their
> knowledge is separate), and what the purpose is. It would be relatively
> easy to disclose a recording to the police, less so to the media but
> possible, and sticking it YouTube for a laugh would be legally quite
> tricky.'
>
> He then added:
> ' I should have made clear in this that, a recording of a meeting done with
> the appropriate RIPA authorisation, or in circumstances where it would be
> impractical to obtain one would nevertheless be legitimate.'
>
>
> My original query was:
>
> I would like to raise a two part issue as follows:
>
> 1. My understanding, from way back, is that a recording done by one of the
> participants in the meeting whether overtly or covertly is legal to do, but
> that recording a meeting by someone not present at the meeting and without
> the knowledge of the attendees would be considered illegal?
> Please feel free to correct me if I am wrong here.
>
> 2. The second part of my query relates to the legality or otherwise of
> disseminating that recording to parties other than those who were present
> at the meeting.
>
> I do hope that a few of you will feel able to give me your assessment of
> this.
>
> Kind regards, Kathryn
>
>
>
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Lucy Fincham
Records Manager
Vice Chancellor's Office
University of Greenwich
Maritime Greenwich Campus
Old Royal Naval College
Park Row, Greenwich
London SE10 9LS
Tel.: 020 8331 8847
University of Greenwich, a charity and company limited by guarantee,
registered in England (reg no. 986729). Registered Office: Old Royal
Naval College, Park Row, Greenwich SE10 9LS.
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If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
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[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
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SET data-protection HTML to [log in to unmask]
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