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Audiovisual recording of work conversation.

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  • 20-04-2021 9:58pm
    #1
    Dav010
    Registered Users Posts: 14,241 ✭✭✭✭


    An interesting scenario had been posted in work problems forum. Leaving aside the op’s specific case and focusing on the act of recording a Zoom call, is this prohibited by law?

    I ask because the act of recording a telephone conversation, and an “in person” conversation seems to be allowed if one participant gives consent, does this extend to Zoom calls, and is there legislation prohibiting recording of calls between two work colleagues where one consents?


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    #2
    munsterman2008
    Registered Users Posts: 146 ✭✭munsterman2008


    Data Protection Act 2018 - the GDPR - audio recording or capturing the image of a person (the data subject) should only be done and processed in line with the Act / Regulations. Relevant Authority on this in ROI is the Data Protection Commission.


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    #3
    whomitconcerns
    Registered Users Posts: 4,327 ✭✭✭whomitconcerns


    Don't know about your zoom, but on our installation, everyone gets asked individually if they consent to recording


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    #4
    Mrs OBumble
    Registered Users Posts: 25,799 ✭✭✭✭Mrs OBumble


    whomitconcerns wrote: »
    Don't know about your zoom, but on our installation, everyone gets asked individually if they consent to recording

    Is it really consent, though, if there's an undertone that it's a requirement of your job?


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    #5
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    Even with consent the person recording the call would have to have a very good reason for doing so under GDPR as pointed out above


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    #6
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Mrs OBumble wrote: »
    Is it really consent, though, if there's an undertone that it's a requirement of your job?

    Is anything (outside of basically working to rule) in work consent if you go down that route?


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    #7
    Lenar3556
    Registered Users Posts: 1,372 ✭✭✭Lenar3556


    Dav010 wrote: »
    An interesting scenario had been posted in work problems forum. Leaving aside the op’s specific case and focusing on the act of recording a Zoom call, is this prohibited by law?

    I ask because the act of recording a telephone conversation, and an “in person” conversation seems to be allowed if one participant gives consent, does this extend to Zoom calls, and is there legislation prohibiting recording of calls between two work colleagues where one consents?

    My understanding;

    In the case of two individuals, yes it extends to zoom calls and there is no legislation which would prohibit such a recording.

    You mention that the two were colleagues - was the person recording acting with the consent and on behalf of the employer or was this a solo run? This would be important to understand.

    With regard to the decision to record and retention of the recording it would be appropriate that the organisation have a policy on such and a genuine reason for the data retention - e.g. training, future verification, review depending on the circumstances.


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