PROFESSORS

Recording of academic activities

Below are the legal aspects that must be taken into account in the Recording and / or dissemination of activities in which physical persons appear, in order to protect your right to honor, personal and family privacy and the image itself.

In particular, a special mention is made in the recordings of classes, conferences, presentations or other academic activities of the university world.

Except for existing legal exceptions:

  • If you want to create a video where people appear and, therefore, is subject to image rights, you need to obtain a signed document with your consent.
  • Additionally, keep in mind that audiovisual works are also protected by Copyright:
Permitted uses

Use images, videos, music or other audio resources with the consent of the holder of the corresponding rights.

Use public domain resources or open access resources, provided that the type of license to which they are subject is respected.

Forbidden uses

Exploit the works without respecting the corresponding legislation (for example, creating derivative works without prior assignment of rights).

Which are?
What does "treat" mean?
  • "Data processing is any technical operation or procedure, whether automated or not, that allows the collection, recording, conservation, processing, modification, consultation, use, cancellation, blocking or deletion, as well as data cessions that result of communications, queries, interconnections and transfers "(User manual UPC of data protection, p. 8).
What legislation should be considered?
What consent is needed to treat them?
  • Except for the cases provided by law, the processing of personal data is only lawful when the interested party has given their consent.
  • In accordance with the provisions of art. 4.11 of Regulation (EU) 2016 / 679, the consent of the affected party is understood as a manifestation of free, specific, informed and unequivocal will by which it accepts, by means of a statement or a clear affirmative action, the treatment of personal data that concern it (art. 6.1 LOPD GDD)
  • This consent is not necessary when the treatment is done by legal obligation, public interest or exercise of public powers, as detailed in the 'art. 8 of the LOPD GDD.
In what cases does the LOPD GDD not apply?
  • The one that has the titles I to IX and the articles 89 to 94 of the LOPD GDD It applies to any totally or partially automated processing of personal data, as well as to the non-automated processing of personal data contained or intended to be included in a file (art. 2.1 LOPD GDD).
  • This organic law is not applicable (art 2.2 LOPD GDD):

a) Treatments excluded from the scope of application of the General regulations for data protection by his art 2.2 (e.g., treatments performed by a natural person in the exercise of exclusively personal or domestic activities), notwithstanding the provisions of sections 3 and 4 of this article.
b) To the processing of data of deceased persons, notwithstanding the provisions of the3 article.
c) Treatments subject to the regulations on protection of classified matters.

When can I capture and / or spread the image of a person?

"They have the consideration of unlawful intrusions in the scope of protection delimited by the second article of this law [...], the capture, reproduction or publication by photography, film, or any other procedure, of the image of a person in places or moments of his or her private life, except in cases provided for in the "eighth article, two":

Art. 8.2. In particular, the right to own image does not prevent:

a) Their capture, reproduction or publication by any means, in the case of people who hold a public office or a profession of notoriety or public projection and the image is captured during a public act or in places open to the public.

b) The use of the caricature of these people, in accordance with social use.

c) The graphic information about an event or public event when the image of a particular person appears as merely accessory.

The exceptions provided for in paragraphs a and b are not applicable to the authorities or persons performing functions that by their very nature require the anonymity of the person who exercises them.

Can you record and / or disseminate the conferences?
  • Since the LOPD GDD It requires that the recording and the communication of data be expressly consented by the affected ones (except in the cases provided by the same law), the recording and the subsequent public communication of a lecture recorded at the university needs the consent of the speaker.
Can they be uploaded to teaching intranets?
  • If attendance to the recorded conference is part of the syllabus of a course and that is why, if you want to hang on to the corresponding teaching intranet (restricted access to students of the same), this can be done taking into account the8 article of the LOPD GDD.
  • Only when this article is clearly applicable can the conference be communicated to the teaching intranet, space where it is recommended the inclusion of a warning addressed to students informing them about the prohibition of publicly disseminating the conference on the Internet or any other means. For example, a warning like this can be included:
© University Universitat Politècnica de Catalunya, 2018. All rights reserved.
It is totally forbidden to disseminate, communicate or publish this recording on the Internet or any other equivalent means.
Is it possible to record the audience?
  • In principle, the consent of recording attendees to a conference is not required if their appearance on the recording is merely accessory, in accordance with what is established in article 8.2, section c) LO 1 / 1982).

"In particular, the right to own image does not prevent graphic information about a public event or event when the image of a particular person appears as merely accessory."

  • However, it is recommended that the camera does not focus directly on the attendees and show a warning at the entrance to the conference, with which they are informed of the recording and their possible dissemination through the Internet. For example, you can put a warning like this:
"This lecture / class will be recorded and may be disseminated, published or communicated in full or in part, through the Internet or any other means"
  • In case attendees actively participate and can be registered, their consent will be required, although, as it is possible that the management of this consent is complex, it can be replaced by the same general warning at the entrance of the conference.

Can classes be recorded?
  • La LOPD GDD it requires that the recording and the communication of data be expressly consented by the affected ones, reason why it is necessary the permission of the professor to register and to spread his classes. Therefore, although it is often the same teacher who wants to record their classes, otherwise the school or the department should ask for permission to do the recording.
  • However, the aforementioned law also establishes that the consent of communication of personal data is not necessary when this treatment is done by legal obligation, public interest or exercise of public powers (art. 8).
  • Therefore, in cases where this article is applicable, the teacher's authorization will not be necessary if there are educational reasons that justify the need to carry out the recording of their classes, which must be assessed restrictively and case by case.
Can they spread to an intranet?
  • Classes are of exclusive interest to their students, so these can only be uploaded to a restricted access intranet to the members of the group that is taught the class.
  • For this reason, it is recommended the inclusion in the teaching intranet of a warning addressed to students informing them about the prohibition of publicizing the class on the Internet or any other means. For example, a warning like this can be included:
© University Universitat Politècnica de Catalunya, 2018. All rights reserved.
It is totally forbidden to disseminate, communicate or publish this recording on the Internet or any other equivalent means.
Can they spread to the Internet?
  • The public communication on the Internet of the classes taught by the faculty of a university can only be carried out with the express authorization of the same

Can the presentations be recorded?
  • The LOPD GDD (article 8) establishes that the consent to communicate personal data is not necessary when this treatment is done by legal obligation, public interest or exercise of public powers.
  • By application of this article, the recording of presentations created by the students themselves does not require their consent as long as their access is restricted to the students themselves and teachers of the subject, for example through a teaching intranet, and always That this recording and later review along with teacher and colleagues are necessary for their training.
Can they spread to an intranet?
  • Taking into account that the communication of the presentations can only be carried out respecting the restrictions detailed in the previous paragraph, it is recommended the inclusion in the teaching intranet of a warning addressed to students informing them about the prohibition of publicly disseminating on the Internet the presentations of third parties. For example, a warning like this can be included:
© The authors, 2018. All rights reserved.
It is totally forbidden to disseminate, communicate or publish this recording on the Internet or any other equivalent means.
Can they spread to the Internet?
  • The public communication on the Internet of presentations created by the students can only be carried out with the express authorization of the same.

Can students record the classes for their personal use?
  • Students can record classes exclusively for personal use. In this case, recordings are not subject to the LOPD GDD because they are personal files of strictly personal use (art. 2.2).
  • However, the teacher may decide not to authorize the recording of his class for personal or academic reasons.
Can the students spread the images?
  • Students can not disseminate classes through the Internet or any other means without authorization of the affected party because they would violate the data protection regulations and, secondly, because they would be broadcasting classes for which the university It charges a public price to the detriment of those who have paid that price.
  • For this reason, it is recommended to prohibit students from disseminating these recordings through the Internet.

Last update: 24 / 05 / 2019