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.

Contrary to the belief of some poster, processing personal data can be a criminal offence under the Data Protection Act, and where no crime has been committed it can be subject to a financial penalty by the information commissioner.

The key words you have used are "can be." You are captured on dozens of different CCTV cameras every time you enter a shop or supermarket. It is not illegal.

Data protection regulations are about how businesses capture, store, and use data. This ensures that data is managed appropriately, and business don't just keep mountains of personal data with no intention of deleting it, or store your data in such a haphazard way that it gets easily stolen (just as examples).

Data protection regulations do not, as you and many other people think, contain blanket statements to say that people can't be recorded on CCTV. Again, if this was true, every single supermarket in the country would be committing an offence.

And in the context of this having been written into the policy, and the pupils' parents having signed the form, the choice should lie with the individual teacher over when to record. In the process of their professional development with an appraiser or coach, this would be completely without parental input, and without necessarily informing pupils (and obviously not affecting any who have a reason to stay out of any and all videos). As a courtesy, support staff should be informed, but realistically, the teacher is making the decision on behalf of everyone, as with most choices in the classroom.

As a parent and as someone who works in a school. I am one of those parents who hasn't consented to any internal or external photos, recordings, videos of my child. If I found my child had been part of a class that had been recorded, I wouldn't be happy. It's personal choice to allow this, otherwise why give an option to say no!! I understand why teaching staff do this, but it's still my choice to say no! So no, not all parents do consent!!! We may be in a minority, but they do exist!

Of course some don't consent. Teachers and schools are well aware of those whose children who can't be photographed/whose photos can't be used for SM, publication etc.

OP I don't know how it works from the parents ' and childrens' POV but from yours, you should have been told you were being filmed. It wasn't courteous and you weren't being treated as an equal member of staff. I'd want to know what the recording is being used for and how is it being shared/stored. I'd look for relevant policy and ask. I'd perhaps check with my union how to approach first.

If you weren’t told it’s a bit out of order .
Are you in a union ?
Perhaps ask them !

It is also important to remember that children’s personal data is special category data and subject to higher levels of protection than other people (eg staff)

Here come the teachers again on their half term alcohol binge. Trying to justify covert recording in the work place. Absolutely madness. I don’t know why teachers have such a bad reputation…

This is not CCTV and covertly recording an employee and children in a classroom setting is not analogous with CCTV. It’s inaccurate and unhelpful to suggest it is

@Whitak

As a courtesy, support staff should be informed, but realistically, the teacher is making the decision on behalf of everyone, as with most choices in the classroom

despite the outrageous assertions on this thread teachers do not in fact have the legal right to make decisions in relation to privacy on behalf of everyone in their class.

It would be extraordinarily unlikely that you could rely on legitimate interest for covert filming in a classroom setting.

the primary reason CCTV is permitted is because the prevention of risk to person and property outweighs fundamental privacy rights. There is zero chance a SA/court would agree that teacher training was an acceptable reason for overriding privacy concerns. As I said up thread the EDPB have been churning out guidance on this for years. It’s pretty clear cut.

@RunningOverTime This is not CCTV and covertly recording an employee and children in a classroom setting is not analogous with CCTV. It’s inaccurate and unhelpful to suggest it is

I didn't suggest that. I said I agreed that there are serious issues with the scenario that OP described.

My response was to other people who claimed that, as a blanket principle, people cannot be recorded without consent. This is not true, and never has been.

Thanks, but I said in the context of the policy including the relevant legal bases and parents having agreed on their children's behalf.

I suppose if you only focus on one line, you can pretend I was making a sweeping statement about privacy and parental responsibility more generally and act like I'm awful.

However, teachers do have the responsibility and authority when your child is in their classroom - to ask your child a question, to tell them where to sit, to choose whether to allow them out of the room, to direct the TA, to decide how to organise teaching and learning, to record for their own development, to report if something's off with a child, to keep them physically safe, if needed. They're not filming anyone to put them in harm's way or doing this outside their remit. Policies will take account of requirements, permissions will have been sought and individual pupil circumstances will be catered for.

In amongst all this, it sounds like professional courtesies amongst colleagues are the first thing to fall by the wayside, and assumptions were made.

For crying out loud, I didn't say legitimate consent. I said public task. It's right there.

Could you tell if the recordings taken simply using the iPad camera, or was some kind of secure platform being used to operate the recording OP? Because if not, this raises the stakes entirely for both the teacher and school, as well as yourself if you don't raise this as a concern. It is a seperate and additional issue to the matter of your own consent.

Yes, this, my DD has two adopted daughters and the school are not meant to photograph them. Yet they do, and last week some pictures were posted online by someone who didn't remember. It's certainly not unreasonable to object to being filmed, let along secretly.

100% being recorded on your average iPad . I looked back and could see previous recordings of the other class who were in the room before us. There are hundreds of photos on each class iPad of the kids and these are left lying around on teacher’s desks and unlocked drawers.

The TA wasn't aware of being filmed. As a teacher I'd be livid if I was covertly filmed by management. Why should it be different for a TA?

All this stupid if you're not doing anything wrong you should be happy to be monitored constantly attitude is another reason that no one wants to work in schools.

I dont think that recording someone without consent is even legal. Its covered by data protection and privacy laws. If they are doing it there should be a policy about it so ask to see the policy.

Policies don’t override law.

You do not have the right to make decisions in relation to privacy regardless regardless of what your policy says.

You 100% need to report this OP. IMO this is a more serious issue than the matter of your consent, currently (in that your actions now could prevent a further, more serious breach - not doing so may implicate you in that breach).

Re: your consent, I do wonder if you've signed anything in your contract of employment they think has covered this - would be worth checking and getting in touch with union rep or Acas. Good luck, I hope it doesn't feel too stressful. Hopefully the school will ultimately be grateful to be made aware and will increase training for staff as a result, to protect themselves as well as the children/anyone else.

I'd be annoyed getting recorded without my permission too, they should have said. I work in a bar and I'm quite happy for there to be cameras over the till as I know I've got nothing to hide.

As for schools, I think all classes should be recorded and the parents can watch how their children and the teachers behave. I think many parents would be shocked at how bad their children are. I remember a girl I went to school with as she was horrible to the teachers and her mother thought she was an angel and it was all the teachers bullying her. 😂 Our group of friends all thought it was funny at the time. Looking back it was horrible.

I quoted the wrong person so on that basis is my apologies.

however, there is zero of applicability of article 6(1)(e) in these circumstances. None at all.

I don't understand why some parents are against it. As a parent I wouldn't care in the slightest. We all get recorded all the time. The children were probably recorded on the bus and various CCTV cameras. I could understand parents not wanting them recorded in the toilets or during P.E. but during the other lessons all the children is doing is sitting down and writing 🤷 Most of the schools doors and corridors have CCTV anyway.

And if anyone wants to know my credentials re: this advice - I work in research, with access to vulnerable participant data. I am well used to newly trained and well-meaning researchers grappling with these issues on a daily basis. I am truly shocked by the level of knowledge and disdain shown in this thread.