Teachers recording classes

Keen2win

I was just wondering if it was legal to record a class with a tape player? Everyone in the class is u18 obvisiouly!

I know the answer is probably yes, but I would just like confirmation! Thanks:)

Tom Young

We don't give legal advice here at all. So, if you have a concern then raise it with a solicitor who can get you formal legal advice.

In relation to the recording of classes the answer is that there is nothing wrong per se with the recording of a class if the recordings are to be used as an aide memoire etc for the teacher.

Technically, for anything other than that sort of use, then a formal consent should be ascertained from the parents or guardians of the minors in the classes. Again, it boils down to use, prescribed, consented to or allowed.

There is also a privacy argument here which could be made, I always shudder when citing the Convention on Human Rights in Ireland, as it is not fully transposed into law (merely allows for judicial notice of it under the 2003 ECHR Act), but an unenumerated or unprescribed right to privacy subsists in the Constitution in Article 40.3.

ECHR - Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

You might remember a set of tapes called "give up yer aul sins? This was a series of recordings made in Dublin's inner city, which involved a number of children reciting Christmas fables in words which were reported as being written by the teacher. The case is called Gormley v EMI [2000] 1 I.R. 74 at 78. in that instance the plaintiff claimed property rights. The case is really about concept rights though. I believe the plaintiff was unsuccessful in that instance.

Brief of facts:

In 1961, the plaintiff, then aged six or seven, was a pupil in national school. The plaintiff's teacher recounted stories in her own words and required the pupils to retell those stories while she recorded them on a tape recorder. The plaintiff retold a story and was recorded by her teacher. Some years later, the defendant produced commercially a tape of excerpts from the teacher's tapes of the children telling stories. The defendant recognised the teacher's rights under the Copyright Act, 1963 and entered into an agreement with her by which it agreed to pay royalties on the sale of the tape.

So, unless there is some reason and a valid limited one at that, then the recordings should not be made or taken without consent.

Have you consented to this already? Is the school a public school? Are the recordings for Oral Examinations

In other instances the recording of telephone calls and republication in terms of formal interception would be far easier to say illegal in relation to them the cases are: Kennedy & Arnold v Ireland and Herrity v ANP. The reason these are easier to ground is that there is a clear breach of statute under Section 98 of the P&T Acts 1983 and 1993.

Tom

Keen2win

Thanks for the detailed reply!

Yes, the school is a public school! No one has agreed to be taped on the tape recorder. The reason is the teacher wants evidence to give to our parents if we're messing in class. Obvisiouly it makes us worse:D but I'd love if I could prove that she's not allowed to, knock her down a peg or two, yano;)

Thanks!