If someone was to video an incident at school would this be a data protection issue?

[TwistedHelixis]

We just had an incident at school where it really looked like a parent was going to punch a teacher. There were enough staff around to pull them apart had something kicked off, but I noticed a few teachers and parents reaching for their phones, presumably to record the incident. If they had recorded would this be an DP issue, seeing as the people involved had not consented?

 

Would the Police still be able to use the video as evidence?

[enjay]

Do you have an expectation of privacy in a school? I can film in the high street without consent.

[Rob_D]

Conversely, we have to get signed consent to take photos/videos of pupils. I'm not sure about a parent, but if a member of staff was doing this they'd be in breach of our AUP. I'd be less worried about the adults, but any students in the background that might have denied photo consent.

[TechMonkey]

Tricky, as if it had kicked off it would have been good to have documentation, though I guess as ever it depends on what happened to that footage. If it was handed into the school or Police and that was it, no issue, but if it was posted on YouTube, big issue.

 

Has anyone asked those members of staff what their thought process was for going for their phone? if it wasn't to document for the Police then you may have to point them in the direction of your School policies, especially safeguarding or use of images. For the kids it may be a good opportunity to do an assembly on something related.

[enjay]

Conversely, we have to get signed consent to take photos/videos of pupils.

 

I don't think that's completely accurate. You're obtaining consent not to take the photograph, you're obtaining consent to make it publicly available. You don't need consent to take photos for inclusion in registers, seating planner tools, medical alert packs for first aiders, etc. to give a few examples.

[Koldov]

Do you have an expectation of privacy in a school? I can film in the high street without consent.

 

Interesting...

 

I guess no 'expectation of privacy' as such... but are school grounds considered public or private land?

 

What permission is given to those accessing the land and for what reason? We have a sign telling everybody it is 'private land' and 'trespassers will be prosecuted' or something like that. I guess permission for parents to collect their children is implied, but that doesn't give them any other rights does it?

 

If any other member of the public wandered onto school grounds and started taking pictures or filming (or even through the fence/gate), would that be allowed legally?

 

Not sure, just asking...