Frequently Asked Questions
Is it correct that we are not allowed to record Teams meetings due to IG concerns?
No, but there are some considerations that you need to take into account.
What are the IG issues with recording Teams meetings?
Recording should not be seen as a replacement for taking proper minutes of meetings.
There are two main considerations. The first is personal data.
Very few meetings, particularly management meetings will have absolutely no personal data disclosed, and it is very easy to trip up over data protection issues, for example:
- ‘AB can’t attend today he is on the sick’ – Personal data of AB
- ‘AB’s sick record is pretty bad lately, isn’t it time we did something about it? – Personal data of AB
- Comment from CD ‘AB is a complete waste of space lately’ – Personal opinion and so personal data of CD
In some cases, particularly with visitors from outside the organisation, in certain circumstances the very fact that they are in the meeting may constitute personal data.
What is the safest way to approach this issue?
If you assume that all meetings have the potential to disclose personal data then you won’t go far wrong. If at the end of the meeting you are happy that nothing has been disclosed then you haven’t lost anything.
What justification can I use to record meetings?
For most meetings, the legal basis for this under GDPR is:
Article 6(e) ‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in (PHW) and
Article 9 (h) processing is necessary for the purposes of (…) the management of health or social care systems and services on the basis of Union or Member State law…
In terms of GDPR however it is important to note that for the legal bases to apply, the recording must be necessary for the purpose; in other words you need to have a robust business reason for doing so. This might be a need to share with other members of staff who cannot attend, because there is a legal requirement for the recording to be made, or because the person taking the minutes has a hearing impediment. It is up to the Chair of the meeting to decide but that decision and the rationale should be included in the minutes so that the decision can be justified if challenged.
Must everyone in the meeting consent to the recording?
No. Consent is probably not the appropriate legal basis for this. The majority of people in the meeting will not disclose personal data anyway so consent should not be an issue and for those that do, as long as you have a robust business reason then consent will not be required. If you do ask for consent to record a meeting, then you need to be prepared for someone to say no.
What must I tell attendees about the recording?
You must however inform everyone in the meeting that you are recording it and why.
Can someone object to the meeting being recorded?
Yes but as you are not requiring consent they cannot prevent it. They can of course refuse to participate in the meeting because it is being recorded.
What can I use the recording for?
You can only use the recording for the purpose that you make it. For example if you recorded the meeting to brief other members of staff, you cannot then keep it to use for training purposes.
How long can I retain the recording?
You can only retain it for as long as is necessary for the purpose. For example if you make the recording for the purposes of taking minutes, you cannot retain it once the minutes have been taken. It would then need to be destroyed.
Can someone request the recording if it contains their personal data?
Yes they can. In this respect it is no different from a written record.
You said there were two main considerations, what is the other one?
You also have to consider the implications under the Freedom of Information Act 2000. If a request was made for a recording of a meeting, PHW would be required to locate the recording and retain it for disclosure in a format that was suitable for the requestor (e.g. as an MP3 file) and release it.
Of course if the recording held personal data or any other information that it may be inappropriate to disclose then exemptions would need to be considered, but this would be the exception and not the rule. The Information Governance Team can advise on this.
Amongst other things, this highlights the problem with the often heard phrase ‘Not for the minutes, but…’ which is of no consequence when it comes to recording. Once it has been said and recorded it forms part of the recording and therefore disclosable (subject to any exemptions as above). The bottom line is if the meeting is being recorded, don’t say something you would not want repeated outside of the meeting.
Can we only record parts of a meeting?
Yes but be careful. If you stop the recording it could look suspicious as if you have something to hide and may raise more questions. If you are in any way concerned about the possible disclosures in the meeting, you are better off taking proper minutes and not recording.
What if the recording was embarrassing or inappropriate?
Once recorded, it is recorded. This would be the same as written material. We cannot refuse to disclose information because it would be embarrassing or inconvenient.
Does any of this apply to recording of training events and presentations?
It may do. If it is one person giving a presentation or talk of some kind then almost certainly not. If it is a training event with multiple people attending then you should treat it the same as a meeting.
What are your top tips for recording meetings?
Don’t record them unless you have to and are prepared for the recording to be released to the public.
If you do record them, make whatever use of the recording that you need to and then delete it as soon as possible.
If a meeting is being recorded, don’t say anything that you would not want said outside of the meeting.