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.

Errr what? They can't record without consent unless it's for personal use, which clearly it isn't as it's being shared and in a school situation I think recording for personal could be questionable where it involves children. What on Earth is this school thinking?

It doesn't matter what their policy says, if it breaches GDPR it's irrelevant.

It won't be covert if it's expressly provided for in their data privacy policy/notice (assuming op has been informed it exists and/or she knew where to find it/was covered in induction ect)

So again, no one on this thread can say if this is a breach or not.

Fwiw I'm going to take a wild stab in the dark and say it won't be in a policy anywhere, so it would be a breach.

It’s no different to them coming into the classroom to observe. It’s good because we can actually look at examples of what worked well in the lesson and see things that were over looked.

So it is different to them coming into the classroom to observe then…

It's covert if the camera isn't obvious and clearly signposted

Having a little bit of info tucked away in a privacy notice isn't sufficient if the camera is hidden in a cupboard.

I'd be upset about being filmed without my knowledge. You might be having an off day, fighting a cold or something, and you don't want colleagues judging you unfairly.

What?

No-one outside the school saw the videos, so parent permission wasn't needed. They were for me or my year group team to see the lesson from an outsider's view, and for be to reflect on it for my own professional development

In the UK?

You can’t just record people covertly without telling them. This is a private premises and multiple people have been recorded without realising by a hidden camera. None of that is ok or GDPR complaint. That’s it.

I'm be amazed if any school does NOT have a policy on photography/videoing in school. It's basic governance and the school governors will be checking that this is in place.
GDPR is huge in schools, so it would be insane for school leaders to ignore it, and for schools governors to fail in their duty to ensure that it is in place and followed.

I agree that the TA absolutely should have been told, and OP needs to follow that up. But as far as pupils are concerned, it's highly unlikely that GDPR hasn't been followed to the letter.

Parents sign a fair bit of stuff at admission, and going by this thread, clearly some forget what they've signed.

You have far too much faith in schools. This is a GDPR breach - clear as day.

If their privacy notices clearly state that recordings are taken in the classroom environment for training etc. and they have outlined their lawful basis, and identified the processor and where the data is stored etc then it is not covert.

It would be questionable if op wasn't given the policy directly, or made aware where to find it, or its deliberately idden away etc.

So, again, no one knows if this has been a breach or not at this stage.

GDPR is not over-written just because you have a policy.

No,.the camera still cannot be hidden (unless serious crime is being investigated )

Agreed.

It's amazing how many people think policies over ride legislation

Quite. That is also ok if there is a policy. Any covert filming without a suspected crime is a clear GDPR issue. Anyone saying this is ok - is out and out wrong.

Yes.

And again, for clarification ( because it was silly o clock and I wasn't clear) specific parental permission for each recording wasn't required. The form they signed at admission covered this.

We don't know the camera was hidden? Could have been propped up on an iPad stand on an open shelf.

Wouldn't be the first time an employee has been given a very clear policy that complies with legislation that they don't read fully (not saying thats happened here, I'm still certain their policy won't have provided for this)

Agree with this also!

We have never done this but I know that our TAs would see that as a huge breach of trust if they'd not been fully informed of it and the reasoning why. We'd have to seek their consent.

There would also be issues with permissions with parents I feel as we have long lists of who can and can't be photographed for all sorts of different external and internal things. Especially children in care.

IMO it's part of safeguarding to be fully transparent about anything to do with technology and images within a school. For your own protection as well as anything relating to GPDR

I work in a send school.

It was in the cupboard. Looks like you paid as much attention to the OP as your gdpr training.

Covert recording is a safeguarding issue.
Recording/taking photos of children without consent is a safeguarding issue.

We video kids and take photos and voice recordings all the time in school as part of lessons etc. Photos and videos form part of the documenting of lessons when children aren't recording written work in books- eg. drama, music, discussions, presentations, PE, assemblies, school plays, with visitors etc. We take photos for the children to stick in their books, and videos to keep as evidence for inspections and internal monitoring exercises and to share with parents.

Can you imagine if written permission had to be gained to take a photo or video of a child. We only seek permission if it is to be shared in the public domain like the school website, social media, or TV or newspaper.

If a "senior manager" wanted this they should have let you know first. Maybe the teacher didn't have time to question it, but the manager should have known better and discussed it with you - I'd raise it with them if you can.

Why are you talking about videos in a park? This is clearly a totally different scenario to which different laws apply.

Op is talking about covert recording though.
Quite rightly a while extra set of laws and safeguards apply to that