GDPR and Videos of School Productions

[simonw]

Hi All

 

Where would video recordings of school productions fit in with GDPR? Is there anything in the legislation relating to it?

 

One of my schools makes copies of the recording of the production to sell to parents. What steps should be taken in light of DPA/GDPR?

 

Many thanks

[Marci]

Technically the license granted for the production usually strictly forbids filming and selling to parents as a breach of copyright. On that basis, it shouldn’t be an issue you have to address. Otherwise, you’d be keeping an audit log of illegal activity, which would make you even more liable as you’d be hard pressed to claim ignorance.

 

I’d be contacting the school’s DSL with a link to http://www.nncee.org.uk/attachments/article/225/A%20Guide%20to%20Child%20Performance%20Licensing%20May%202016.pdf so they can check things from that angle, and asking whoever’s responsible for the organisation of each production to share copies of the permissions license they purchased for that particular production with you first prior to allowing any filming to take place.

Edited July 6, 2017 by Marci

[TwistedHelixis]

One of my schools record the lessons on an iPad and that gets uploaded to a central database for other schools to use or observe. I wonder how this holds up to GDPR?

[Oaktech]

One of my schools record the lessons on an iPad and that gets uploaded to a central database for other schools to use or observe. I wonder how this holds up to GDPR?

 

Interesting thought... Our Iris subscription is up for renewal. If Iris can't dance the GDPR dance I'm about to save the school 9k.

[PotNoodleTech]

I'd save the school 9k regardless of GPDR if I were you!

[Oaktech]

I'd save the school 9k regardless of GPDR if I were you!

 

I'd love to. I don't want them to spend it, it's largely pointless, I can do it in house. They went over my head to purchase it but GDPR may well be my bargaining chip to stop them doing it all over again.

[Stutwo]

Iris, the watcher of cupboards across the nation.

[TwistedHelixis]

Iris, the watcher of cupboards across the nation.

 

This made me laugh so much. If only it was not true.

[GrumbleDook]

One of my schools record the lessons on an iPad and that gets uploaded to a central database for other schools to use or observe. I wonder how this holds up to GDPR?

 

Done with consent. The difficult thing will be when consent is removed. At that point we need to see solutions that have a way of tagging digital artefacts so that if a learner (or their parent) removes consent then the artefacts will either have to be removed / deleted or restricted for only school use (a legitimate use within school for the monitoring and improvement of T&L).

 

I had this discussion a few weeks ago with a school that was adamant that sharing between schools was legitimate for T&L too, and they refused to accept that they were handing over data to a third party and had no control over it. No doubt IRIS and other solutions will update their policies, practices, guidance to schools and software to sort this out ...

[TwistedHelixis]

Out of interest is the GDPR backward looking? I am assuming it will be. So if you have thousands of videos already stored on an external server it will be a right nightmare to go through all those videos to tag which pupils are in them. Yes software could do this, but would it be to the standards required by GDPR?

[GrumbleDook]

Yes, consent is from that point forward (where consent is required) for any data you hold and process. If you don't have it, or if it has been opt-out rather than explicit (opt-in) then all the requests for consent have to go out again!!!

[enjay]

Done with consent. The difficult thing will be when consent is removed. At that point we need to see solutions that have a way of tagging digital artefacts so that if a learner (or their parent) removes consent then the artefacts will either have to be removed / deleted or restricted for only school use (a legitimate use within school for the monitoring and improvement of T&L).

 

Doesn't this come back to our discussion earlier in the week, about notification not consent? Because Iris camera data is being held for improvement of T&L, would it not be part of the school's contracted activities, or whatever that phrase was, and so only needs notification not consent?

 

The videos of school productions and photos from trips which never see the light of day again, however...

[GrumbleDook]

Doesn't this come back to our discussion earlier in the week, about notification not consent? Because Iris camera data is being held for improvement of T&L, would it not be part of the school's contracted activities, or whatever that phrase was, and so only needs notification not consent?

 

The videos of school productions and photos from trips which never see the light of day again, however...

 

Notification if used within school only (justification is based on requirement for T&L), but if shared outside of school there would have to be explicit consent. As a parent, I would not agree to the latter (and have not where it has already been asked under DPA and would struggle to see how a Data Processor could even attempt to control the data when it is being shared with other schools).

 

If someone is willing to approach Iris for a response about how they are going to handle GDPR it would be interesting.

[enjay]

Notification if used within school only (justification is based on requirement for T&L), but if shared outside of school there would have to be explicit consent.

 

Even if being shared with other schools as part of a joint T&L improvement?

[GrumbleDook]

They are a separate data processor and you would have to be happy with all of their data handling processes and that their DPO has everything covered ... which shouldn't be a problem because we know that schools are fantastic for information handling and data protection. [emoji6]