Some Legal Considerations for Zoom and Teleconference Meetings, Mitzi Hill..

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1 - Some Legal Considerations for Zoom and Teleconference Meetings, Mitzi Hill.
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By Jonathan Wilson. What can I do if the individual continues to record the meeting even after I decline their request? You should not send information or facts via e-mail relating to your legal problem or question.


Can you record a zoom meeting legally


Posted by heritagelaw on Mar 22, in Blog. As prevalent and accessible as these videos are becoming, it begs the question: Is it legal to record a video conference call? Recording a private conversation is generally lawful in Canada as long as you are actively part of the discussion. However, there are consequences to consider. For instance, recording a private conversation might constitute a breach of confidentiality or privacy.

This could lead to dismissal by your employer if the recording is work-related. So while this law does not specifically pertain to video conferencing, it does apply to any recorded conversations whether they are in video or audio format. One of the functions available with Zoom, and many other video conferencing programs, is the ability for the host to record meetings. However, there are plenty of software options that will allow you to record your screen whether you are the host or not, so that needs to be taken into consideration as well.

Even though you can legally record a conversation in which you are involved, there are some legal obligations you need to first consider in order to protect yourself and the participants of the video conference. The person who wants to record the meeting or conversation should seek the informed consent of all participants. This requires giving the participants details about the purpose of recording the meeting and asking for their consent to have the recording used for that purpose.

Consent can be considered explicit or implied. Explicit consent requires the participants to express their consent to be recorded; implied consent assumes the participant is consenting to the recording if there is an overt indication that the meeting is being recorded.

Video files should be treated as sensitive information and stored in a secure recordkeeping system. Even if the participants do not audibly share personal information and details, a video recording can contain sensitive aspects of their personal life such as what they look like, what they sound like, the interior of their home, etc.

Appropriate protections are important in order to prevent unauthorized access, disclosure or loss of information. However, sharing videos of private meetings and conversations can be considered a privacy breach. Although there are no clear-cut rules regarding posting recordings of video conferences to social media such as Facebook, context can be crucial in deciding if the action was illegal or not. If there are so many legal implications for recording video conferences, why would anyone want to?

Not all Zoom recordings are made with ill-intent. This means that your organisation will be the data controller for this data, and will need to comply with Article 5 of the GDPR. This includes ensuring that you collect only what you need, the recording is stored securely and access is limited, and that the recording is processed lawfully, fairly and in a transparent manner. All of the principles that apply to personal data will apply to the recording, and you need to be able to demonstrate that you complied with all of them in order to carry out the recording lawfully.

Recording of a video meeting is likely to be seen by participants as particularly privacy intrusive – especially if they are in their home environment. Consider whether there is a less intrusive means of achieving the same aim.

Is it necessary to record the meeting and store the recording? If it is not necessary to record the meeting we suggest that you do not use this function. Transparency is also important. Unless there are particular reasons why you cannot notify individuals about the recording, consider in advance how you will provide the information required by GDPR. This includes information about purposes of processing, retention periods and lawful bases. You must provide this information at the point that data is collected ie at the start of the video conference.

It would be impractical to provide all of this at the start of every meeting, and instead we recommend including this information in your privacy notice, and simply drawing the individual’s attention to the notice at the start of the meeting. You will also need to let them know that the video is being recorded. If you are relying on consent as your lawful basis then it will be at this point that you ask for consent from the individual to record the meeting. If you are not relying on consent and we recommend that you do not rely on consent as your lawful basis , then you will likely be processing the data for your legitimate interests, and you should identify this as your lawful basis in the privacy notice.




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