There are a few legal things we need to keep in mind when it comes to creating video.
Consent
You are not always required to obtain consent, depending on the type of filming you are doing. However, in some cases you will require consent of the individuals who you are filming, along with an institutional release form for filming in buildings/locations, where applicable.
Consent from individuals will be necessary when someone is the focus of a performance or interview etc. You should also consider whether you require parental/guardian consent (see section on Minors below). It is important to ensure that you are using the correct form to obtain the relevant consent and permissions.
When filming of people with visual impairments, the recording of consent on screen is permissible.
Care should also be taken when filming the registration plates of private cars - this should be avoided where possible or blurred or removed in the edit.
For more information about whether you need to obtain consent and template forms (including if you require guardian/parental consent), see guidance on photography/filming from the Information Governance Unit (IGU).
If you obtain consent, you should store signed copies securely alongside all your video files. You must provide these - signed by your contributors - to the Web Team when requesting a video be uploaded to the University of Strathclyde website.
Minors
In Scotland, children over the age of 12 are generally deemed capable of making decisions relating to the use of their personal data. This includes the use of their image. However, you must still exercise caution. See IGU guidance for more information around obtaining consent from a guardian/parent.
If you do require parental/guardian consent template forms are available.
Footage of a minor must not include surnames, nor should the name of their schools or organisations be published unless deemed necessary by a manager or editor.
When consent is not required
There will be times when it's not necessary to obtain individual consent, e.g. when filming things like crowd shots, filming at a conference or at an event etc. In these situations, we can rely on ‘legitimate interests’ (under data protection legislation), as long as: we have provided advance notice that filming will take place (where possible); notices are placed making clear where filming is happening; and methods are provided to enable people to avoid being captured on camera.
Public filming
When filming in public places, for example on the streets, in parks etc, you’re only likely to need consent of those making a significant contribution (i.e. someone you're interviewing). You don’t need consent of anyone who walks past the camera unless they’re to be shown in a sensitive, negative or pejorative context, which would mean consent or concealing of identities by pixilation.
However, you may come across circumstances where people in public places have a legitimate expectation of privacy. This could be due to: attendance at a specific event and/or location, e.g. a health clinic, if they’re in distress or receiving medical attention. In these types of scenario, you would need to obtain consent or obscure their identity.
When filming in or on private property such as a shop, bar or shopping mall, you should obtain permission from the legal owner or manager before filming and get a signed release form from them. If the owner or manager requests that filming be stopped, you should stop filming.
Risk assessments
A risk assessment, where appropriate, should be carried out and submitted to your line manager prior to any filming.
Information security
Care should be taken when handling production documents containing personal data. Don’t leave these documents unattended at a filming location. They should be digitised and securely stored with your video files, and the original physical copies should be securely destroyed.
Data protection
It is important to ensure that you are complying with data protection legislation when filming. See guidance from the Information Governance Unit for more detail, including on whether or not you require consent, template consent forms (including parental consent) and choosing the correct forms.
