Shocked to have been secretly recorded at work.

[Whataninvasionofprivacy]

I work as a TA in school, and last week at the end of a lesson, the teacher called me over and indicated (behind the kid’s backs) to the class cupboard. She then whispered “Will you turn off the iPad?” I wasn’t sure what she was on about, but she then whispered that she’d just recorded the entire lesson, but didn’t want the kids to know. She had been told to do this by a senior staff member.

Am I being ridiculous to feel annoyed by this? I’m sure I should have been told beforehand. Also what about parents who don’t normally consent, they had no choice in this case.

"we do always let them know they are being recorded"

Yes,.that's the key difference

Are they also given the chance to decline being recorded?

A live feed from school direct to parent’s phones? Omg I’d resign as a TA immediately. Absolutely insane idea.

https://www.gov.uk/monitoring-work-workers-rights/email-cctv-and-other-monitoring
here’s ☝️the rules. The school is in breach as they didn’t get your consent. Speak to your union and decide what you want from your boss.

Recordings happen in moat schools now. Usually the kids can see the iPad sand know about it though .

Only "usually" ?

"I can see a number of people who clearly have up the date knowledge of relevant legislation making it clear to op that she doesn't have to tolerate being secretly recorded in her workplace."

"we do always let them know they are being recorded"

"OP was not informed so no consent given."

"Hopefully the advice you have got from the people who do understand the law is enough to make you go and make a big fuss about what happened. And make sure you record it all on paper."

"TiredEyesSoreHeart · Today 00:38
Look, OP, you need to put in a complaint about this. I would be going to the seniors and saying under no circumstances are you to ever be recorded without your prior knowledge. You also need to tell the teacher this. You can reply and reply on here, but you need to actually do something about this."

These and many other comments agree with you that it was completely wrong to put you in this position. You need to complain (I'd say for your own self respect) - put the position in writing to Head / Governors.
Are you in a Union who can help you?

Thanks @Byjimminy

@Whataninvasionofprivacy I’ve been pretty consistent on this thread with my advice that filming you without consent is a GDPR breach.

In fairness we do always let them know they're being recorded and this applies to LSAs too. So the "secrecy" of the recording is different and perhaps where the difference in legality comes from

@Hercisback1 no shit it’s the “secrecy” of the recording that makes the difference to the legal analysis.

the point was made earlier that this thread does teachers no favours and it really doesn’t. So to add to @Byjimminy pretty thorough analysis of key thread takeaways can I add:

1. Teachers are all knowing, if they went on a 90 minute privacy course which was either poorly run or which they misinterpreted then that mistaken understanding trumps the experience of people who work in this field everyday and even if they are curious enough to do their due diligence and realise they are wrong they’re going to double down on what the law should be not what it is.

I don't know who you're speaking to, but I didn't write the part about consent and I can read that you didn't know it was happening there and then.

I think you might have been taken to have consented more generally, as all staff will have been asked to sign a set of policies, or even to say they've received the handbook and addendums like KCSIE, usually at the at the start of term but at least at the start of employment. This probably has that video is allowed for educational purposes internally, like the parental consent forms they go out.

I still think the teacher could have told you, but I get why the kids don't need to know everything that the adults do.

Any policy that had op agreeing to covert recording at work would be illegal

💯 this

It's jaw dropping to see the defence of utterly terrible practice on here.

I don't know if some ill informed trainer with trumped up credentials has been doing the rounds of schools or if teachers are just trying to justify themselves but either way it's pretty horrifying people think they are allowed to secretly record people and at some point (if it hasn't already) there are going to be some hefty compensation claims heading towards schools

@SweetSakura a mix of both I think.

people get a little bit of knowledge then think they’re experts, there is no critical thinking or curiosity or interest in challenging themselves and their understanding.

I’m genuinely horrified at the contempt teachers on this thread show towards both the children they teach and their parents.

It’s a combination I think of arrogance - can’t be wrong. Teachers are taught to ready every policy and follow the policy. No critical thinking or analytical skills - as evidenced on this thread. Mountains of paperwork - most unnecessary - makes them feel safe. If SLT say it’s in policy and it has a nice logo on it - it’s right.

Many schools are out right breaking the law. Which is why I laughed earlier at schools following GDPR to the letter. The misinterpretation of online searches under KCSIE is one example. Some schools are asking for full log ins to all accounts and searching through private messages. It’s completely illegal but it hasn’t stopped some schools trying to say it is legal because KCSIE says so. It does not. Not even national security vetting requires that. It’s an online, public, visible presence check.

Part of it I think is gaslighting in an abusive profession. Teachers are made to believe this paperwork it’s so essential it can’t be wrong. So much so, they won’t listen to people whose literal job is internet security.

Has any teacher said that it was okay for the OP to be recorded without being told?

All my own posts have been in response to people posting furiously about their child's lesson being video'd.

My class team always knew when I was recording a lesson. The children being video'd were covered by the form the parents completed early on. No-one refused photography and video for this purpose. A few refused anything used outside school , and we were always extremely careful to comply with that.

The majority of Mumsnet posters seem to think that they're experts on teaching and managing schools, based purely on being a parent! The 'little learning' thing goes both ways!

Please don't make blanket comments about "all teachers." There are plenty who realise the weaknesses of any training offered. In this case you hardly need training anyway: it's only common sense and common courtesy to realise OP should not be recorded without her consent.
I hope OP is in a Union who can offer legal advice.

There have been many, many comments on here by teachers condoning what happened to op and using the word policy. It’s not ok and it’s wrong. Not once, not twice but repeatedly.

I don't know if some ill informed trainer with trumped up credentials has been doing the rounds of schools

There are huge numbers of organisations that push themselves on schools in this way. I know someone who offered ‘neurodiversity’ training claiming to be a professional in the field despite no qualifications (and she wasn’t just offering to tell them about ‘first hand experience’). She was lapped up by schools who paid her hundreds of pounds to go in and train their teachers despite a complete lack of qualifications. And then there is the huge dangerous safeguarding breach that is the RHSE providers that pop up overnight and hide their material from parents with legal threats.

Just look at the number of schools installing mixed sex toilets in clear breach of legislation.

The ones I've read were saying that it's normal and reasonable to video lessons for internal use following the correct procedures, and are responding to the parents on this thread, rather than the OP.

I've not seen any teacher condoning OP's situation, but that doesn't mean they're weren't any of course. But they would be isolated. It's certainly not a view that the vast majority of teachers would hold.

I've not seen any teacher condoning OP's situation

They disagree with staff being secretly recorded but call it ‘pearl clutching’ for children to have the same rights.

Yes they were. It is probably covered by policy. Scary stuff.

Yeah. The education conference seen is NUTS. Mega money for not a lot of background checks or experience. Wouldn’t happen in any other profession.

Come off it @saraclara !

without trawling through thread because honestly I cannot be bothered at this point teachers (you included) have variously claimed on this thread:

• parental permission wasn’t needed to record videos because no one outside school saw them;

• The rules don’t apply because only sharing not recording video comes within scope of privacy laws;

• data subjects don’t need to be informed at point of filming;

• Covert classroom filming is analogous to CCTV

• and my personal absurd and terrifying favourite: I am in loco parents so I can make these decisions on behalf of a child.

there have been very many more absurd comments but the above have certainly come from multiple teachers.

This. I just couldn’t be bothered to quote 🤣