Strictly on DP grounds, and excluding everything else (including courtesy and the employer's internal rules etc), is Jamie's consent necessary under the DPA before the other party can ask for a recording to be made and for a copy to take away?

Presumably there is going to be quite a lot of Person 1's personal data discussed, but relatively little of Jamie's - just the questions he asks and the way he conducts a formal meeting on behalf of his employer, none of which is likely to involve Jamie's own private life. Is it unfair in DP terms for Person 1 to ask for a recording to made and a copy to be given to him or her, given that this would be done openly and with advance notice, he or she would seem to have a legitimate interest in what is said, Jamie is acting on behalf of the employer and his legitimate interests are unlikely to be greatly affected by a recording of how he chairs a formal meeting?   I don't see how, purely in DP terms, the chair of the meeting is entitled to a veto over taping.   

Obviously the employer gets to keep a copy, but does it automatically follow that Jamie must also be entitled to a permanent personal copy of the whole proceedings (as opposed to just his own contributions) particularly if the meeting were to be discussing Person 1's problems resulting from, say, psychiatric illness or disability?                                            

Maurice Frankel
Campaign for Freedom of Information
www.cfoi.org.ukhttp://twitter.com/CampaignFOI



On 29 Jun 2011, at 14:35, Broom, Doreen wrote:

Jamie
 
(a)          If you give your consent.
(b)          I would ensure  that you stipulate  before the meeting that both parties should be entitled to a copy of the tape as it is your personal information too, otherwise nobody gets a copy.
 
Regards,

Doreen
 
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jamie Bateman
Sent: 29 June 2011 13:58
To: [log in to unmask]
Subject: Tape recordings during formal meetings?
 
I am about to conduct an internal formal meeting. I will be conducting the meeting with a representative of HR.
 
The person (letís call them Person 1) who is the subject of the meeting, will be accompanied by their union rep.
 
Person 1 has requested that the meeting is recorded onto tape and that they are able to take that tape at the end of the meeting.
 
My questions are Ė under the DPA:
 
a)      Is Person 1 entitled to make and keep a recording of the meeting (Person 1 has requested this)?
b)      Am I also allowed to take a copy of the tape at the end of the meeting for my own records (as Person 1 has objected to this)?
 
Regards
Jamie

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