I may be wrong here but my understanding
is that if Jamie goes ahead with the meeting knowing it is being recorded,
he has given implied consent to the recording taking place. If he is not
aware or if it or if it takes place after he has refused, then the person
making the recording can use it as an aide memoir but only those people
present can listen to it without breaching DP, it can not be passed on
to third parties. But as I say I am not 100% on this.
I am assuming that Jamie wants a copy
for the organisation and not personally. My approach would be to agree
to the recording, if you refuse it could be construed that you have something
to hide. However, I would turn up with my own recording device and say
we both record or not at all. That way if the meeting is called off, it
would be down to them.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
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 personalcopy 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.uk,
http://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 (let’s 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 – 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
All archives of messages are stored
permanently and are available to the world wide web community at large
at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has
been filled in below in the body of the email if you are receiving emails
in HTML format):
All
user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htmand are sent in the body of an otherwise blank email to [log in to unmask]Any queries about sending or receiving
messages please send to the list owner [log in to unmask]
(Please send all commands to [log in to unmask]not the list or the moderators, and all requests for technical help to
[log in to unmask],
the general office helpline)
**********************************************************************
This email and any files transmitted with
it are privileged, confidential and subject to copyright. Any unauthorised
use or disclosure of any part of this email is prohibited. If you are not
the intended recipient please inform the sender immediately; you should
then delete the email and remove any copies from your system.
The views or opinions expressed in this communication
may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's
incoming and outgoing GSX email is subject to regular monitoring and any
email may require to be disclosed by the Council under the provisions of
the Freedom of Information (Scotland) Act 2002.
**********************************************************************
All archives of messages are stored
permanently and are available to the world wide web community at large
at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has
been filled in below in the body of the email if you are receiving emails
in HTML format):
All
user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htmand are sent in the body of an otherwise blank email to [log in to unmask]Any queries about sending or receiving
messages please send to the list owner [log in to unmask]
(Please send all commands to [log in to unmask]not the list or the moderators, and all requests for technical help to
[log in to unmask],
the general office helpline)
All archives of messages are stored permanently and are
available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below
in the body of the email if you are receiving emails in HTML format):
All
user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htmand are sent in the body of an otherwise blank email to [log in to unmask]Any queries about sending or receiving messages please
send to the list owner [log in to unmask]
(Please send all commands to [log in to unmask]not the list or the moderators, and all requests for technical help to
[log in to unmask],
the general office helpline)
Scanned by MailDefender - managed email security from
intY - www.maildefender.net
"This e-mail is intended for the named addressee(s) only and may contain information about individuals or other sensitive information and should be handled accordingly. Unless you are the named addressee (or authorised to receive it for the addressee) you may not copy or use it, or disclose it to anyone else. If you have received this email in error, kindly disregard the content of the message and notify the sender immediately. Please be aware that all email may be subject to recording and/or monitoring in accordance with relevant legislation."
All archives of messages are stored permanently and are
available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)
