GDPR CCTV clip to parent

[leegcvcc]

Hi all,

 

Apologies if I have missed a single article on GDPR! but I have a question regarding showing a CCTV clip to a parent where their child has been caught vandalising some equipment and the Head of School wants to show the clip to the parent.

 

The clips includes a lot of other students obviously.

 

Should this be treated as the parent not needing to see the other students and should be blurred out?

 

Or is it OK to show the clip?

 

Any help appreciated.... quickly

[mthomas08]

Good question..

 

I guess you couldn't edit the video in such a way to blue out the other faces? That parent won't know the other students names so that's something. I believe our policy will cover this but not too sure...

 

The parent is being shown the footage due to behaviour (and it's their child), as long as the parent isn't recording it and your school CCTV policy is covered by it.. should be fine but in all honesty it might be good to blur it out if possible?

 

**update**

 

According to our DPO who did the GDPR training - the question came up. Apparently we shouldn't be showing it to the parent with other students fin clear view. So now... I have to look at blurring if it's needed.

Edited May 24, 2018 by mthomas08

[TechGod]

Blur it out all pupil on the CCTV so the parent can't see any of the kids.

[leegcvcc]

Thanks for replies...

 

..but do we need to?

 

Appreciate blurring is the way, but have you tried blurring everything except for one student running around hitting people for example? It's a huge overhead potentially of having to blur that's the issue, so I am asking whether it needs to be done. Obviously some will be straight forward, but still manual intervention on top of downloading and preparing clips.

[MkII]

My understanding is that you can't show the parent any footage including other pupils without explicit consent of the other pupils/ parents/ guardians.

 

We had the exact same question. The parent couldn't view the footage.

Edited May 24, 2018 by MkII

[robyholmes]

Can you break the footage down in to images, then just do those?

[TechGod]

My understanding is that you can't show the parent any footage including other pupils without explicit consent of the other pupils/ parents/ guardians.

That's right you would need to ask every parent's....

[JJonas]

My understanding is that you can't show the parent any footage including other pupils without explicit consent of the other pupils/ parents/ guardians.

 

We had the exact same question. The parent couldn't view the footage.

 

What about another student?

[TechGod]

What about another student?

Another student seeing the CCTV?

 

Why would a student need to see the CCTV?

[JJonas]

Another student seeing the CCTV?

 

Why would a student need to see the CCTV?

 

It is handy on occasions to be able to show a student that we have evidence where they were.

[MkII]

What about another student?

 

Same. Not allowed without others consent.

[Arthur]

I guess you couldn't edit the video in such a way to blue out the other faces?

Kind of like this?

 

[rad]

I have had to blur our all student faces apart from the student involved. This has normally been for an exclusion panel, the same applies in this instance.

 

So all student faces need to be removed, it can be done by a massive block over the other students and doesnt have to be an oval shape on each person.

[atcoates]

Hi all,

 

Apologies if I have missed a single article on GDPR! but I have a question regarding showing a CCTV clip to a parent where their child has been caught vandalising some equipment and the Head of School wants to show the clip to the parent.

 

The clips includes a lot of other students obviously.

 

Should this be treated as the parent not needing to see the other students and should be blurred out?

 

Or is it OK to show the clip?

 

Any help appreciated.... quickly

What is it that the parent would be seeing? Surely it would be just pupils walking around in school. Wouldn't they have just seen that when they walked into school? Couldn't they see this if they stood outside and looked through the fence? I could understand if the pupils in the background were doing something that was inappropriate and that's why you couldn't show it.

[DrCheese]

Our policy is to provide blurred screenshots of the event. If someone can still be personally identified on it (Outside of the subject) then we reject it. By this I mean if the parent/student puts in an access request for fight footage & it's obvious who the other pupil is even if they are blurred out.

[Farloch]

So do you blindfold parents when they come into school in case they see another child?

 

What nonsense is this?

 

Far to much overthinking going on here. Common sense seems to be in short supply these days.

[Garacesh]

Can you break the footage down in to images, then just do those?

This is likely your best way to go. It sucks, but it'll be considerably quicker than frame-by-frame editing of a clip. Take a few 'core' frames (running-left-step, running-right-step, running-left-step, punching, laughing) and blur out the other subjects.

[localzuk]

This is another of those situations where you need to go back to the beginning:

 

For what reason do you use CCTV - are these reasons listed in your privacy notice? What legal reasons do you use to justify the purposes you use it for? Consent isn't generally one of the legal justifications for running CCTV, and it is just one of the legal justifications.

 

If I were writing CCTV into our policies, we'd have it as follows:

 

1. For prevention and detection of crime - as a school isn't legally obligated to do this, I would have it under "legitimate interests".

2. For dealing with behaviour issues - a school is obligated to deal with behavioural issues as part of their duties to educate, so I would potentially think this is a "public interest", else it would again be legitimate interests.

2a) For showing behaviour incidents to pupils as part of the process of dealing with behaviour problems. This would still be covered by the same reason as above, as the data is not really showing them anything - they were physically there during the incident, and see the same people every day just being in school. It doesn't increase the risk to anyone's data.

2b) For showing behaviour incidents to parents. This would NOT be covered the same as above - parents do not know who all the children are, introducing a third party to this data could increase risk.

 

So, to handle 2b, I would say you would need another reason to do this - ie. you'd either need consent from all the people in the video (remember, children over a certain age get to decide for themselves), or you would have to edit the video to blur faces.

 

That's my take on it anyway!

[Farloch]

Showing footage of a pupil misbehaving (whilst other pupils are present) to a parent does not reveal any more info to the parent than they could see from simply standing outside the school. You're not giving them the footage or uploading it anywhere. What's the issue? Edited May 24, 2018 by Farloch

[localzuk]

Showing footage of a pupil misbehaving (whilst other pupils are present) to a parent does not reveal any more info to the parent than they could see from simply standing outside the school. You're not giving them the footage or uploading it anywhere. What's the issue?

It is not your data to make that decision about though. Privacy by default. Without having permission to share that video footage with third parties (which a parent is), you are not respecting that principle.

[TechGod]

Showing footage of a pupil misbehaving (whilst other pupils are present) to a parent does not reveal any more info to the parent than they could see from simply standing outside the school. You're not giving them the footage or uploading it anywhere. What's the issue?

CCTV is under the Data Protection Act and has been update over the years for the use of CCTV.

[Blue_Cookeh]

We've gone through a similar issue here lately. Our CCTV policy states if there are other staff or students in the imagery then under ICO guidance we will not show parents the footage and it will be down to our head and assistant head to document the footage.

 

This was recently taking up with our Governors who ruled our policy was acceptable, and our LA's legal service checked with the ICO who agreed with us that unless everyone in the footage gave permission then it wasn't allowed.

 

The parents requesting the footage were unhappy, everyone else was very happy.

[mjk]

There is a clear 'legitimate interest' to show this footage to parents. Both so that the parent can reprimand the student or so the parent can mount a defence.

They are not asking for a copy to put on the internet. Please get some realism people. The ICO are not going to fine you for this!

[localzuk]

There is a clear 'legitimate interest' to show this footage to parents. Both so that the parent can reprimand the student or so the parent can mount a defence.

They are not asking for a copy to put on the internet. Please get some realism people. The ICO are not going to fine you for this!

The legitimate interest only relates to that parent's children. It does not include third party children. That's kinda the point here. That's why showing the footage with others blurred would be OK, but just plain "show everyone" would not.

[elsiegee40]

The dangers of identifying other children are what happens outside school.

 

Vendettas between families are not uncommon.

 

Having the miscreant’s family decide to take on fellow miscreants or their families because they clearly led their little darling into trouble isn’t uncommon.

 

Having the miscreant’s family taking on innocent bystanders, or even the victim, and their families because they clearly grassed their little darling up isn’t uncommon.

 

And yes all of these things have happened over the years (without corroborating cctv evidence being shown) at schools I have worked with for exclusion panels over the years.

 

A school must do what it can to safeguard the interests of all students in the school. The cctv images shown should only identify the child you are dealing with at the time... whether you are using stills or video footage. This is far more than a DP issue.

Edited May 24, 2018 by elsiegee40