Guidelines for Recording of University Meetings or Hearings by NUI Galway

These guidelines aim to inform staff recording meetings or hearings as what steps to take when recording meetings or hearings; and aim to inform meeting or hearing participants as to how personal data recorded is used and protected by NUI Galway. In line with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, NUI Galway is the data controller and we process personal data in compliance with the law and in accordance with University Data Protection policies and procedures.

Why are some meeting recorded?
Recording may be of use for lengthy meetings and hearings where the accuracy of minute or note taking can become difficult over a long period. It may also useful if required for evidential purposes during official University hearings. Such recordings do not replace the formal record of any meeting, but may assist with the accuracy of the formal record or if there is dispute over what was said. It is also advisable to have a minute or note taker in attendance in the event of a technology failure.

How does a person know if the session is being recorded?
Persons attending meetings or hearings must be informed in advance of the intention to record the proceedings. This advance notification is helpful in avoiding any issues on the day. Any objections to recording must be considered by the Chair and the Chair will ultimately decide whether the recording is appropriate in light of any objection. At the meeting, the Chair must also notify all attendees that recording will take place, prior to the commencement of the recording. The recording must stop at the formal close of the meeting or hearing. Attendees who were not present at the start of the meeting must also be notified that recording is taking place. Covert recordings must not be taken.

If the meeting session is happening online i.e. via Microsoft teams or other online platform a person will normally know if it is being recorded as a red circle and the red text ‘Recording’ will show on their computer screen.

Is the whole recording personal data?
Staff must be aware that any recordings of meetings or hearings will be subject to the Freedom of Information Act 2014 and the Data Protection Act 2018, where relevant, subject to the standard exemptions from disclosure under those pieces of legislation.
Under data protection legislation a person has rights in respect of their personal data. See: Data subject rights on the NUI Galway Data Protection webpage.

What is the lawful basis of processing personal data in the recorded meeting or hearing?
The lawful basis for processing this personal data is primarily public task where it required as part of an official function or object of the University. Legitimate interests may apply and be used when the data processing is not required by law but is of a clear benefit to the University or the individual, there is limited privacy impact on the person as the individual and the University thinks the person would reasonably expect us to use the personal data in the way that the University wishes to, meeting the conditions under Article 6 and recital 47 of the General Data Protection Regulation (GDPR). The University does not need to ask permission to record, either on campus or if being delivered online but must always advise participants in advance of the recording so as to enable participants to exercise their privacy choices and rights.

Can a person opt out of having their personal data recorded?
If the meeting is happening in person and a person does not want their image to be recorded the person can make sure that she/he is not in view of the video camera and the person can choose not to speak during that session.

If the meeting is taking place online a person can mute their microphone or turn off their webcam.

The University values each person’s contribution to the sessions but a person is entitled to exercise their rights unless the meeting or hearing is being recorded for specific purposes and the person’s contribution is being assessed.

How are the recordings stored and shared and retained?
Files of recordings must be stored on secure University servers with access limited only to those who have a need to access the recordings. The University’s ISS Policies and Procedures (please see: ICT Policies - NUI Galway on the NUI Galway website )must be complied with at all times. The recordings may be retained for a reasonable period after the meeting or hearing. For meetings, it would be reasonable to retain the recording until the minutes have been accepted. For hearings, it may be necessary to retain the recording for a set period after the outcome of the dispute for legal reasons. The recording is then permanently deleted. The recordings will be accessible to relevant staff and relevant persons only and should not normally be shared outside of the University.

The University may share the recordings with the Gardai and other law enforcement agencies, for the prevention or detection of crime.

Where can I get more information?
NUI Galway’s Data Protection Policy is available on the website.
The Data Protection Commission’s Office is the regulatory body for data protection. A person can read about their data protection rights at on the Data Protection Commissioner’s Website Data Protection Commission website and also in the NUI Galway Person Data Usage Policy. A person has the right to lodge a complaint with the Data Protection Commissioners Office about the handling of their personal data and can find out more about this on their website Data Protection Commission website.