Using a recording of a meeting without consent - GDPR experts?

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My daughter's class teachers recently organised an information evening for parents. Unbeknown to those present, one of the parents recorded the meeting, and posted it to the parents' WhatsApp group. Like others, I discovered that it had been recorded when I saw the post (the teachers didn't know either). Now there's another meeting this week. The parent who did the recording can't go, and she's asked that someone else do it this time, and post it in the WhatsApp group, for her and anyone else who can't attend. (The teachers always email a summary afterwards, so the recording isn't the only way of finding out what's happened).

I have a problem with this; not only do I not like the idea of recording these meetings and making the content public (because once it's in the WhatsApp group it could be shared with anyone), I also think it's illegal. My passing acquaintance with the GDPR tells me that explicit consent from all those present is required if the recording is for anything other than personal use, but I may be wrong. I'd really like to hear from anyone with a more solid knowledge of this area.

Maybe I should say that we're not in the UK, but we are in the EU, so the GDPR applies here in the same way as in the UK. I'm asking here because endless googling hasn't given me an answer, and I don't know where to ask the question in the country we live in, where there is no equivalent to MN.

Thanks in advance.

I am not sure GDPR would apply as the laws around that refer to companies/organisations who hold and process data. The school in this case and they haven't breached.

I am no expert though!

Thanks for replying. This is exactly the bit I'm not clear about. As I understand it, the GDPR doesn't apply to individuals as long as their activity is personal and private. So if this parent had recorded the meeting purely for her own use, that would be ok. But where the 'data processing activity' (in this case, recording, storing and transmitting) goes beyond personal or domestic activity, then the GDPR applies. But I would like someone to confirm that I have understood correctly. Or that I have misunderstood completely.

I would tell the school so they can make an announcement stating that recording of the meeting is not acceptable

GDPR relates to personal data processed by organisations. If it’s a parent doing it rather than organisation, then it wouldn’t apply. And I don’t really know what sort of personal data would be shared, unless people are saying their addresses or phone numbers or certain categories of protected demographic data. It doesn’t just pertain to anything a person might say or do on a recording - otherwise cctv would be illegal.

GDPR Applies to everyone....can you imagine the shit going down if shoe was on the other foot FFS!!!

Don’t think this is GDPR, but it’s unacceptable practice and the school should be informed.

Depending on where you are it may be illegal under different laws. Many countries don’t allow secret recordings.

With the amount of people you see posting videos of members of the public, I'm pretty sure GDPR doesnt apply. Think of all the parents who record videos of their kids at sporting events. They dont go round asking for explicit consent off everyone. Neither does sporting channels when they show the public watching football matches.

GDPR is to do with people’s personal details - unless specific names are mentioned in the meetings and information about those named people is shared, GDPR doesn’t apply.

Having lived in Europe, I am not sure what law it is exactly, but they are even stricter, especially where kids are involved. I would let school know about previous recording also.

GDPR probably applies. Explicit consent isn't needed but it might be "unlawful " in GDPR terms. That said, the whole question of GDPR domestic use is not a settled issue yet anywhere in EU. Check with the supervisory authority in your country.

I don't see how GDPR applies.
GDPR applies to ORGANISATIONS.
GDPR does not apply to individuals.
I can walk around on the train & sneakily record everyone & everything & post that recording anywhere.
As long as I'm acting as an individual not taking a role within an organisation.

The school didn't record it.
There is no organisation that recorded it.
There is no employee or even volunteer of an associated organisation that recorded it.

Is there personally identifying information on it? Has it been shared to a third party?

School could rightly ask her to remove the recording. It has nothing to do with GDPR. It isn't the recording but the sharing without consent that could be considered a criminal offence.

Something doesn't have to be illegal for you to have a problem with it, and you're allowed to say if that's the case. They don't have to comply, but there's no harm in saying you'd rather not have your voice included.

It's also a REALLY clunky and inefficient way of sharing information – can the teachers not circulate the main points in writing?

Thanks all for your replies. I was planning to email the school tomorrow about it anyway, so I'll just do that on the basis of my personal objections, and leave it up to them to take action or not, though my hopes aren't high.

The uk regulator, the ICO, has guidance on CCTV for personal use. That's the nearest equivalent scenario. I saw it a while ago .

It's not GDPR as like PPs have said that relates to organisations. If it was posted on a public social media group it might fall under a privacy violation. However WhatsApp is an encrypted messaging service so technically 'private'

WhatsApp may be private but as op has said, you can do anything with something sent to you via WhatsApp.

But if children whose parents are not present are discussed and information is passed round, isn’t that on dodgy ground?

Did the teachers consent to being recorded?

GDPR does not apply here as that is to do with organisations, not individual people.

GDPR applies to all personally identifiable data - names, email addresses etc. If a teacher introduces themselves this is personal data. The school should be ensuring that personal data is processed appropriately but it become a very technical point.

I would speak to the school on privacy grounds. Attendees must be made aware that the session will be recorded and allowed to opt out.

I'm a teacher and GDPR or not I would not like to be recorded whilst giving a parents briefing. I think it's quite rude to film someone without their permission and I would let the school know.

I was so sure that this was going to be about the Welsh Assembly member that secretly recorded a commisionner that was investigating him.

If it's not illegal, it does sound very wrong to me- I'd hate to think I was being recorded without my knowledge.