GDPR and online education at Fontys
Privacy (GDPR) guidelines for recordings of tutorials, lectures and assessments.
Recording tutorials, lectures or assessments is a widely used option in MS Teams at the moment. In order to make use of this option, respecting privacy regulations, the following privacy guidelines have been defined by the Fontys ISP office:
1.No secret recordings.
We are always transparent about what we record and for which reasons. We share these reasons before we start the recording.
2. The purpose for the recording is clear.
Not only do we have a clear purpose for the recording, we also put these purposes in writing and communicate these with everyone involved. Our ‘Medezeggenschapsraad’ (CPC) has a say in these matters.
3. We always choose the most privacy-friendly solution.
We only make recordings when absolutely necessary and the minimise privacy impact. For instance: if a lecturer makes a recording of an online lecture, he/she asks students to close webcams and microphones if they do not want to be recorded and give those who do not want to be recorded the option to ask questions afterwards.
At the start of an assessment, it can be necessary for the student to identify him/herself by showing an identification card or passport to the assessor(s). Do not record this action, always start the recording after identification has taken place. The fact that identification has taken place can be confirmed by the assessor on the assessment form.
4. We minimalize data
We only record personal data when necessary and we only make one recording. For instance: if several students need a recording of a lesson, ask one person to make a recording and share this recording with the others.
5. Asking students for permission is advised against
Privacy rules state that permission always has to be given freely, without (felt) pressure. In principle this means that lecturers cannot ask students for permission, no matter how good their relationship is. Therefore: recordings based on “Legitimate interest”, as the GDPR calls it, which are necessary for our educational processes are allowed. This includes recordings used for fraud prevention.
If a student or lecturer has an objection against the recording, this objection can be balanced against Fontys’ needs through the normal channels (the Exam Board for students, team leader for lecturers).