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.

I'd imagine you'll be fine OP if you are raising it asap as a concern. I think you would be forgiven for no immediate action, given your initial shock at the violation and taking some time to consider the best process for raising it. You might find in your school policies what process is expected - you may be expected to take this straight to your manager or DPO, so I would look at that as well if you can.

And talk to your union and/or ACAS - asap.

If they were providing legal advice it would be shockingly bad advice.

first “public task” is not a legal basis, it is “performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”, recitals make it clear that the task must be grounded in law.

even if the task was grounded in law (it’s not) it would still have to be necessary (it’s not) and proportionate (it’s not).

Oh. A bit odd as she could have turned it off herself as she was presumably in possession of the ipad rather than whisper for you to do it. I was asking because this appears to draw you into this situation in an undesirable way. A relative of mine is a teacher. There are very strict rules about these things in schools. For instance, some children are not permitted to be filmed for any reason due to child protection issues. I was once asked around mid 1990s by my DC's nursery if they could film them for a specific reason (research purposes by a Educational Psychiatrist who wanted film of a typical child). The law on data protection since then has become more stringent, not less, and you're not allowed to record and retain data without the knowledge or consent of the subject (person) and you're not permitted to handle/process information (such as the recording) outwith what is specifically been told to the subject it will be used for. Over and above this, any subject has the right to request and receive data (the recording) about them. Also, organisations are obliged to have a Data Protection Officer by law whose job it is to monitor compliance with the law. I suggest you contact that person and seek advice. The details of who it is is likely to be on the organisation's website. You can also contact Information Commissioner's Office (ico.org) for advice.

I think you are absolutely right to be concerned about being unwillingly involved in this covert behavior. You seem to be the only one taking this seriously as an issue and it’s a shame that’s because you’ve been forced into such an awful position. Good luck.

Thanks for this. I hadn’t heard of “public task” being a legal basis either but am not an expert. I skim read.. The whole thrust seemed to be provided you fill in this form and that form you are fine. But again that’s a few minutes reading drilling down into their website.

@Username056 i appreciate you we’re just feeding back the info 😊

It’s shockingly poor form for a company to behave like this (giving dodgy legal advice and avoiding responsibility by stating they’re not giving legal advice) it happens all the time: they just want you to use their system.

Hi OP, good idea to bring it up at meeting so others can be involved & hopefully you could get back up. I hope other TA's are aware of how wrong this is. From what you've said your "management" team sound appalling - unaware of safeguarding procedures & lacking in common courtesy to let you know re recording (though maybe they'll blame the teacher - who knows). Still think you should let Union know too. Hope you can deal with this successfully - you are in the right to bring it up.

How did teachers manage to be trained before ipad/laptops could film their classes, I wonder. I don't think children/employees should be recorded without their/their parents' knowledge. It is not only unlawful, it is morally wrong. Children go to school to be educated, not to be recorded. Teaching assistants, teachers and other employees go to work, not to be recorded without their knowledge or consent. It is against GDPR. We have data protection laws for a reason.

How did teachers manage to be trained before ipad/laptops could film their classes, I wonder.

Less effectively. And before there were such high and intensive expectations of them.

Every other profession will use technology for in service training, to improve the skills of its employees. This is how teachers on-going training and self reflection works. If you want your children's teachers to be doing the best job they can do and to be assessed effectively, you can surely understand how watching their own lesson and reflecting on what they could have done better/differently, could help them become even better?

Not true! trainee teachers or qualified teachers are not routinely being recorded as a means of self reflection. This is not common practice. This is not the norm. All this would do is put pressure on teachers even more so than an observation from SLT! Reflective practice should be happening in the lesson mostly anyway. Any good teacher will know if their lesson is going well due to the feedback from the children in the present moment. Sometimes the most perfectly planned lesson can go upside down because one child is having an off day, what good would a video do then!

Sorry but no. We had good education in the 60s, 70s, 80s, 90s etc. We did not need us or our children to be filmed without parents' knowledge. We did not need other school staff to be filmed without their knowledge. I politely suggest you investigate GDPR to check what is and is not permissable. GDPR is the law and it is there for valid reasons. One is for child protection reasons. Teachers should be able to be effectively trained without violating the right of children/other staff not to be filmed without their knowledge or consent.

All of your posts are one big selling pitch for IRIS. We see you.

You really didn't. I taught from the mid 70s until 2019. Education and the expectations of teachers is a whole other world now. From 1977 onwards I went for well over a decade without anyone ever watching one of my lessons, with my planning consisting of a couple of lines per lesson, and most of my teaching coming via textbook. I could have been doing/not doing anything. By time I left I was being observed with fully or briefly at least once every half term, my planning was a sheet or two of A4 per lesson, and I was expected to find or make my own resources. No textbooks these days.

Of course you’ll put on a great show if you’re told you’re being recorded. Totally pointless! Even I could see how her teaching was different that day.

Trigger warning

Just watching the news about Hugh Nelson, jailed today. https://www.bbc.co.uk/news/articles/cq6l241z5mjo
He transformed photos of children into indecent images with AI and encouraged his network of paedophiles to locate and rape the children.

Makes your post harping on about reflective practice, given the risks, seem entirely tone deaf @saraclara.

Every other profession will use technology for in service training, to improve the skills of its employees

Every other profession that works with children?
Covertly? I think not...

If people knew how serious the deep fake problem is - they’d wouldn’t be so blasé. Sleepwalking into a nightmare.

'Every other' profession does not require recording yourself or your employees at work, including in the case of OP, without their knowledge or consent. That's utter nonsense.

Many other professions do not require in-person observations, either.

Teachers are also measured in pupil performance meetings, metrics for attainment, etc.

I think there are lots of things that go on in my school that are way out of line, but who is ever going to do anything? I love my job, I love the kids I work with. It’s a rough part of the north and a lot of kids don’t have much, or even anything. Every day I consider how I can continue on such a poor wage, but feel I just can’t let the kids down.
The teachers in our school are treated totally differently to us TA’s. For instance if you’re a TA, your phone must be left in the staff room, but teachers are allowed to keep theirs in their drawers in class. They get free toast at break, we have to pay. They even get much bigger portions at lunch, even though we are all paying the same price. When we went on a school trip in summer on a baking hot day, a member of SLT went to buy cold drinks…for the teachers only. We got nothing!

That is shocking. 😡

This! All those PP saying ‘where’s the harm?’!!!!

Not sure I'm shocked by anything after this thread.

True

This! All those PP saying ‘where’s the harm?’!!!!

I know! Talk about timing. Some reflective practice needed of another kind, that's for sure.