Report from UCU higher education sector conferences 7 November

Posted on 15 November 2018 by Alan Smith27 November 2018

Last Wednesday our elected Leeds delegates had a double dose of special Higher Education Sector Conferences (HESCs) which had been called to decide the next steps for UCU in two higher education disputes: Quick summary 1. The Pay and Equality dispute (Wednesday morning) It was decided to have a UK-wide re-ballot in the new year, highlighting the casualisation, equality, and workload aspects of the dispute alongside pay. See more detailed Pay & Equality report below. 2. The Pensions dispute (specifically what next after the JEP report on USS) (Wednesday afternoon) After the Joint Expert Panel Report and recent revelations about USS valuation methods, the conference advised UCU to negotiate for no increase in our USS contributions and and end to so-called “de-risking”. See more detailed Pensions dispute report below. The Higher Education Committee of UCU and our union negotiators will take forward these decisions and advice. 1. Pay and Equality dispute The first HESC, on the Pay and Equality dispute, was quorate, which means that its decisions complement, confirm, or supersede those taken by the Higher Education Committee (HEC) the previous week. Decisions taken at the meeting (including amendments) can be downloaded via this link: https://www.ucu.org.uk/media/9939/HESC-1118-pay-decisions/doc/UCU9057Nov18_-_Decisions.doc All the original motion texts can be seen … continue reading

Pay + Equality: what next locally + nationally

Posted on 22 October 2018 by Alan Smith29 October 2018

Text of email from Branch President Vicky Blake Dear Members, Thank you to everyone who voted in the Pay and Equality Ballot, and all who helped us to get the vote out. As you will see from Matt Waddup’s email that has just gone out to members nationally, our historically high turnout in this postal ballot on pay and equality was not quite enough to break the 50% threshold set by the (anti-)Trade Union Act 2016. In this email: • Our result • What next in the pay and equality dispute • Local campaigning and action on gender pay and casualisation Our result Prior to 2016, we would be celebrating this turnout, and this result. At Leeds, members voted strongly for strike action (69.8%) and action short of a strike (77.7%). This government’s anti-trade union legislation has denied us our right to withdraw our labour despite our turnout of 49.2%. We only needed 15 more votes to break the threshold. (You may wish to note that, while advocating the 50% threshold’s introduction, Boris Johnson was in post as London Mayor having achieved… 31.8% turnout in his election.) What next? We remain in dispute over the joint unions’ pay and equality claim. … continue reading

Why you really do need to vote – from a reluctant striker

Posted on 9 October 2018 by Alan Smith9 October 2018

A personal post from new UCU committee member Chloe Wallace When I look back over our strike action in February and March, I have a lot of good memories: standing with friends old and new; the support of my colleagues and students; the feeling of empowerment and hope for the future. But all in all, it wasn’t much fun. Quite apart from the snow, the rain, and the pay deduction, there was disruption to the job I love and the students I’m committed to, anxiety in such an uncertain situation, and an ever-present feeling of guilt. When it was over, I breathed a sigh of relief; back to normal at least for a while. So my heart sank when it became clear that we would have to ballot on striking yet again for a fairer deal on equality, casualization and pay. We, individually and collectively, have too much to do, and university staff and students don’t deserve more disruption after what we dealt with this year. We talked about fairness, equality and casualisation on the pickets and on #striketwitter throughout and beyond the action. We know they matter and that we have to fight for them, but the memory of the difficulties of … continue reading

UCU’s gender pay claim for University of Leeds

Posted on 17 September 2018 by Alan Smith8 March 2019

UCU has submitted a claim to end the gender pay gap at the university of Leeds. Full text of the gender pay claim as PDF or below: Date 15th August 2018 Dear Vice Chancellor, Submitting a Gender Pay Claim at University of Leeds Our UCU branch has resolved to pursue a local campaign to close the Gender Pay Gap at the University of Leeds. According to UCU research, based on data provided by the Higher Education Statistics Agency, nationally the Gender Pay Gap in Higher Education stood at 12% (mean) for academics in 2015-16. In the same years, for non-academics it was 9.9%, but much higher when considered at senior management level (14.1%). UCU is determined to close the Gender Pay Gap, which at the University of Leeds is currently 22.5% (from the University’s Gender Pay Gap 2017 Report), even higher than the overall Russell Group mean of 21.1%. This divergence in pay is contrary to social justice, can be bad for reputation, bad for staff morale, and could also mean that our university is potentially liable to equal pay and discrimination claims in the courts. Locally, we are pleased to have been involved in initial discussions (through the Equality … continue reading

All three staff unions write to HR to complain about misrepresenting pay offer

Posted on 22 June 2018 by Alan Smith22 June 2018

Today, all three campus unions (UCU, Unison, Unite) have jointly written to the Director of HR, to complain about attempts contained in HR communications to misdirect staff in about the current pay and equality negotiations. This is a repeated complaint about behaviour we have also raised in previous rounds of national pay negotiations. Please see below this email for the full text. Please remember we have until 12 noon on Wednesday 27 June to vote in our internal, “indicative ballot” over whether to accept UCEA’s pay and equality offer in response to the joint union claim. UCU advises that you vote to REJECT the pay offer and to vote YES to a willingness to take industrial action. See [here] for a reminder of why UCU advises this in light of a derisory pay offer (especially when placed in context of pay erosion) and very little of note offered on the equality and casualisation aspects of the joint claim. It also reminds you how to find the link to make your vote, and what to do if you can’t find the email. Turnout really matters, and will strengthen the hand of our negotiators – please vote asap! See also [here] for analysis of how the latest pay offer compares with pay settlements elsewhere. *** Dear … continue reading

Formatting of the documents including numbering has been affected by transferring to the website and there may be other inaccuracies. For speed, because of the urgency of the consultation, we are getting the text up here rather than trying to correct all the numbering and formatting. Until this is corrected you will still be able to navigate the comparison using the headings. For accurate versions see the staff website and emails from the branch officers.

Current policy

(See note above about inaccurate numbering and formatting)

THE UNIVERSITY OF LEEDS

Policy on Audio or Video Recording for Educational Purposes

This policy was approved by the Senate on 22 January 2014 (S/13/19), subject to some editorial adjustments to reflect points made in the Senate.

Introduction

This Policy deals with the recording – by the University, its students or others – of activities with an educational purpose^[1] (“educational activities”). All types of audio or video recordings are covered in all media.
Recording by the University of educational activities is an important part of the University’s strategy to enhance the quality of the student experience (see http://www.leeds.ac.uk/info/130547/student education), and the University sees it increasingly as part of mainstream academic work. The University recognises, however, that occasionally members of staff or students may have legitimate reasons for not wishing to be recorded, especially by video recording; and this policy – which aims to promote responsible recording within a practical framework – therefore establishes a right to opt out of recording.
Recordings by the University may be used for any purpose supporting the University’s educational objectives. This may include making recordings available internally in any media or platform. Subject to the explicit consent of the member of staff concerned, it may also include making recordings available externally in any media or platform and may also involve granting rights to other third parties and generating income. Further details of intended use should be included in Recording Notices (see below).

Deciding when to record

It is to be assumed that all educational activities may be recorded by the University, but recording by students and others is not permitted except as provided in 13-15 below.
The decision as to when the University shall record, which activity is to be recorded, how to record^[2] and how best to use those recordings^[3], is ultimately the responsibility of the Head of School/Service^[4] where the educational activity is primarily based. It is recommended that a decision by a Head of School is made after consideration by the School’s Taught Student Education Committee/School’s Research and Innovation Committee (as appropriate).

University Recording

Consent

Subject to the right to opt out noted in 2 above, staff and students are deemed to consent to the University recording educational activities.
Notwithstanding the provision in 6 above, no recordings of sensitive personal data will be permitted without the explicit (opt-in) consent of the staff or students being recorded. ‘Sensitive personal data’ is defined under section 2 of the Data Protection Act to include generally any data relating to an individual concerning their racial or ethnic origin, political opinions, religious beliefs or other beliefs of a similar nature, trade union membership, physical or mental health or condition, sexual life, or information relating to criminal offences. See Annex for model express consent form (Document 1).

Editing

Recordings shall include an editing function. If staff or students wish to have a recording edited, they must request a change from the person responsible for the activity being recorded. This request must specify which material they wish to have changed and why they want the change. A request must be made immediately after the recording otherwise it is unlikely to be considered. In cases of disagreement, the matter shall be resolved by the Head of School/Services where the recorded activity is primarily based.

Notice

Schools should inform Students about the recording of teaching activities and the existence of this Policy at induction. Students and staff shall in advance be informed if the University intends to record a particular activity where it is expected that they may be present. Wherever practicable, notification should be sent at least 21 days before the activity is due to take place. Notification may be reasonably general e.g. it could apply to a whole programme or set of modules. Notification should include (1) details of intended use and access (2) a reminder that individuals may opt out of being recorded or ask to edit the recording (3) details of where any opt-out or request for editing should be sent. An example of a Recording Notice is contained in the Annex Document 2).
There shall be a notice in all rooms where recordings are to be made. These notices will remind staff and students that they may be recorded and who they should contact if they wish to opt out of or edit a recording. See Annex (Document 3).

Opt-out

A notification of an opt-out should first be sent in writing to the person responsible for the activity to be recorded e.g. a Module or Programme leader, or to the relevant Director for Student Education. In the case of a member of staff who wishes to opt-out of a recording, the Head of School or nominee may discuss the matter with that person, for example to explore the scope for using audio rather than video recording. In any event, those involved will be mindful of the need for sensitivity and privacy. Unless there is an overriding counter legal obligation e.g. a student with a disability needs to make a recording as part of the “reasonable adjustment” process, the right of staff to opt-out will be respected.
All scheduled recordings (i.e. those recordings scheduled via the University’s timetable system) will be automatically published 72 hours after the recording takes place. Users will receive email notification of the intention to auto-publish and will be able to prevent auto-publication if required. Users will be able to publish recordings at any time before the auto-publication is due to take place.

Data Protection

Recordings will often engage data protection rights because they include the “processing” of personal data where individuals can be identified. For example, a video may show faces of those attending. Where the concern is about the likely disclosure of personal identity (personal data) it is recognised that this is an area that may be unfamiliar and requires further guidance on how to proceed.

Unless students are specifically required by the University under a programme of study or research to make recordings, prior consent by the member of University staff managing that activity will be required.
Only in exceptional circumstances will consent be given. An example of an exceptional circumstance could be where a student with a disability needs to make a personal recording. It is to be assumed that where consent is given the recording may only be used for private study. This will not allow for further copying or sharing with other students.
Where a recording by a student is permitted all those present must be informed and have the ability to object and ask for the recording to be edited. The process for notifying and considering objections is as stated above for University recordings.

Intellectual Property

Ownership

In accordance with the University’s Policy on Intellectual Property Rights (see http://www.leeds.ac.uk/secretariat/documents/ipr policy.pdf in general where staff or students make a recording, all rights in that recording (including rights in the sounds made) will belong to the University. The University seeks to respect student and staff rights to be acknowledged as authors and performers. Otherwise, to the extent allowed under the general law, any individual interests in the recordings are waived, allowing the University to act in effect as a custodian, to maximise educational objectives in the general interest of all. The final reminder that a recording is about to commence will reconfirm the position (see Document 3 of the Annex).

Statement of Rights

When using recordings owned by the University students and staff should always assert the University’s rights. Please see Annex for common statement asserting ownership of copyright (Document 4).

Authorship and Identification as Performer

Students or staff should wherever practicable look to assert a right to be identified as an author or performer. Individuals will need to come forward at the time the recording is made and assert these rights. For guidance on when someone should be acknowledged as an author or performer see

https://librarv.leeds.ac.uk/info/1405/copvright/33/copyright explained. Please see Annex for common wording asserting authorship rights (doc 4).

Appropriate Material

Third party material – for example, a YouTube clip or research participant data – may be included in a recording only where it is lawful to do so and ethical requirements have been met. The University does hold licences that allow the use of some third party material, but often permission is limited to internal use only e.g. not outside of the VLE. Additional clearances for both internal and external use may be required. It must not be assumed that since the activity is educational “it will be all right”. For guidance on where further clearance may need to be sought please see https://library.leeds.ac.uk/copyright-for-teaching.
A situation may occur where a recording is challenged by rights holders or deemed unacceptable for other reasons e.g. defamatory in nature. The University may itself, or require others to, edit or remove inappropriate material.

Visitors

It is recognised that the position with visitors (being subject to a University recording or where the visitor wishes to make their own recording), may take some reflection and negotiation with the visitor. The arrangements should be agreed in writing (exchange of email will suffice) and relevant information contained within the notices to be given to other participants (see paragraph 9 and 10). In the absence of such agreement it may be difficult to bring the visitor within the Policy.
As a general default position visitors will retain their rights in a recording made of them or by them. However, the visitor allows the University under non-exclusive licence, the right to use the recording in the most general terms available. In particular the University may use the recording for any purpose, free of charge, in perpetuity and with the right to take legal action against any party breaching the University’s rights. Where the University is to record, the visitor should be given the Recording Notice and final reminder (see paragraph 9 and 10) alongside other anticipated participants. The visitor should also be given the right to object to being recorded and to request an edit of the recording. Where the visitor is to do the recording other participants again should generally have the same rights to object to being recorded and request an edit of the recording.

Safe Keeping

Where a recording identifies individuals it must be stored safely and accessed only in a way compatible with the agreed purposes (and any other stated conditions) e.g. where just for use by members of a particular class a password system may be appropriate. Security measures should be commensurate with the sensitivity of data involved. For more guidance see the University’s Code of Practice on Use of Personal Data and the University’s Information Security Policy.

Training

Further training relating to the implementation of this Policy will be coordinated by the University’s Staff and Departmental Development Unit (SDDU).

Further Help

General queries relating to the implementation of this policy should be sent to the Director of Digital Learning (____).
Specific concerns relating to intellectual property rights should be sent to copyright@.leeds.ac.uk.
Specific concerns relating to data protection and other legal issues should be sent to the University’s Legal Adviser’s Office (______).

Responsibility

The Deputy Vice-Chancellor: Student Education and the University Secretary shall have overall responsibility for this Policy.

ANNEX

Document 1

Sensitive Data – Consent form

Place(s) of recording(s)……………………………..

Date(s) of recordings(s)……………………………..

Activity (e.g. module, programme research activity) being recorded

I agree as follows:

The above recording is to take place in accordance with the University’s Policy on Audio or Video Recording for Educational Purposes.
My contribution to the above activity may be recorded and used in any format by the University [or others [describe].
My contribution contains sensitive personal data relating to [describe]). I consent to my data being recorded and used by the University [and others] for [any purpose] [for educational activities] [describe].

Signed

Dated

Document 2

Recording Notice

We are writing to inform you that [between [ ] and [ ] [on [ ] the University [and [describe any others e.g. other permitted students] will be recording [describe educational activity being recorded.] This recording is being conducted in accordance with the University’s Policy on Audio or Video Recording for Educational Purposes (see [http ref]). Please read the Policy for further background information relating to your rights.

The purpose of the recording is to allow the following use [describe]. It will be accessible by [describe].

If you wish to opt-out of being recorded or wish to request that your contribution be edited please contact [give details] by [date to be inserted].

In accordance with the University’s Policy on Intellectual Property Rights (see http://www.leeds.ac.uk/secretariat/documents/ipr policy.pdf) in general where staff or students make a recording, all rights in that recording (including rights in the sounds made) will belong to the University. The University seeks to respect student and staff rights to be acknowledged as authors and performers. Otherwise, to the extent allowed under the general law, any individual interests in the recordings are waived, allowing the University to act in effect as a custodian, to maximise educational objectives in the general interest of all. If you have any concerns relating to the recording please contact [give details].

You may not record the above activity yourself without obtaining the consent of [ insert contact details].

Document 3

In Room Notice

The activities in this room may be recorded by the University and others acting with the University’s consent. Recording is to be conducted in accordance with the University’s Policy on Audio or Video Recording for Educational Purposes (see

http://www.leeds.ac.uk/secretariat/documents/audio visual policy.pdf). Please read the Policy for further background information relating to your rights. These rights include a right to opt out of recordings and to request an edit of recordings.

If you have any concerns relating to the recording, please contact [give details].

You may not record the above activity yourself without obtaining the consent of [ insert contact details].

Document 4

Ownership

“© The University of Leeds [Year].”

Authorship

“The right of [name of author] to be identified as author of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988”.

^[1] Educational purpose means any purpose related to taught student education at the University, and may include research activity or the repurposing of research activity as appropriate. This policy does not however cover the recordings made for purely research or archival purposes.

^[2] For example, recording audio and screen capture as a minimum or video, audio and screen capture if preferred

^[3] It is assumed recordings will be made available to students via the VLE. Explicit consent from the member of staff concerned will be required for external publication.

^[4] Throughout this Policy the Head of School/Service may nominate individuals to act on their behalf.

Proposed new policy

(See note above about inaccurate numbering and formatting)

UNIVERSITY OF LEEDS

Policy on Audio or Video Recording for Educational Purposes

Introduction

This Policy deals with the recording by the University, its students or others of activities with an educational purpose^[1] (“educational activities”). All types of audio or video recordings are covered in all media. Unless indicated otherwise “recordings” referred to under this Policy are to both audio and video recordings.
Recording by the University of educational activities is an important part of the University’s strategy to enhance the quality of the student experience (see http://strategy.leeds.ac.uk/), and the University regards recording as part of mainstream academic work. Generally, recordings are only to be used by those staff and students involved in the educational activity.

2.3. The University cannot guarantee the availability of recordings for every educational activity. However, recordings are an important part of the University’s delivery of its educational objectives in the public good. The use of recordings is a well-established practice at many Universities and something that students expect as part of a 21st century University offering. Recordings are often invaluable to those students whose circumstances, including those with disabilities, mean they cannot otherwise fully benefit from the educational activity. Recordings support the Inclusive Teaching Practice baselines (see: https://inclusiveteaching.leeds.ac.uk/), and help to ensure that the teaching requirements of our diverse student population are met.

3.4. The University recognises that sometimes members of staff or students may have legitimate reasons for not wishing to be recorded, especially by video recording. These reasons will be considered and where appropriate, respected. This policy – which aims to promote responsible recording within a practical, legal and ethical framework – establishes a right to opt out of recording, with the agreement of the Head of School/Service.

4.5. Recordings by the University may be used for any purpose supporting the University’s educational objectives. This may include making recordings available internally in any media or platform. Subject to the explicit consent of the member of staff concerned, it may also include making recordings available externally in any media or platform and may also involve granting rights to other third parties and generating income.

6. Recordings should not be used routinely as a performance management tool. However, recordings may for example be used to respond to complaints by students, or be provided where requested by external regulatory bodies for example the OfS or the Office of the Independent Adjudicator.

Deciding when to record

5.7. It is to be assumed that all educational activities may be recorded by the University, but recording by students and others is not permitted except as provided in paragraph 17 below.

6.8. The University’s general position is that where possible all appropriate educational activities will be recorded, but the decision as to when the University shall record, which activity is to be recorded, how to record^[2] and how best to use those recordings^[3], is ultimately the responsibility of the Head of School/Service^[4] where the educational activity is primarily based. It is recommended that a decision by a Head of School is made after consideration by the School’s Taught Student Education Committee/School’s Research and Innovation Committee (as appropriate).

University Recording

Agreement

9. Staff and students are required to familiarise themselves with this policy, and will be deemed to have read and understood it. Any questions or concerns should be raised with the contacts referred to at the end of this Policy at the earliest opportunity.

7.10. Unless the University’s Data Protection Officer has explicitly agreed otherwise ⁵ no recordings of special category personal data will be permitted without the explicit (opt-in) consent of those being recorded. ‘Special categories” of personal data’ are defined under Article 9 of the General Data Protection Regulation (“GDPR”). Special categories of personal data consist of “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation”. See Annex for model express consent form (doc1).

Editing

8.11. Recordings shall include an editing function. If staff or students at any stage wish to have a recording edited, they must request a change from the person responsible for the activity being recorded. This request must specify which material they wish to have changed and why they want the change. A request must be made immediately after the recording otherwise it is unlikely to be considered. In cases of disagreement, the matter shall be resolved by the Head of School/Services where the recorded activity is primarily based. Staff are advised to make use of the pause button provided in all rooms with recording facilities, to conduct live editing of recordings. Live editing should be used carefully so as not undermine the general desire to have activities recorded as much as possible.

Notice

12. The University will inform Students and staff about the recording of teaching activities and the existence of this Policy. Information will be given as part of the student contract and the student and staff privacy notices.

9.13. In addition to the above there shall be a notice in all rooms where recordings are to be made. These notices will remind staff and students that they may be recorded and who they should contact if they wish to opt out of or edit a recording. See Annex (doc 2).

Exceptions

14. The University recognises that recording is not appropriate for all teaching and learning activities; for this reason, subject to the caveats in paragraph 17, staff, can with the agreement of their Head of School or their nominee, be exempted from having their teaching activities recorded where they can demonstrate a sound pedagogical, legal or other justifiable reason based on their particular situation.

~~10.~~15. A request by a member of staff or student for an exemption from recording must be sent in writing to the person responsible for the activity to be recorded e.g. a Module or Programme leader, or to the relevant Director for Student Education and the relevant Head of School. The request should explain the reasons for the desired exemption from the general practice of recording. The decision on whether to allow opt out will rest with Head of School. Where the Head of School wishes to seek further guidance this can be obtained from the Audio Video Recording Policy Guidance for Heads of School document. Until a decision has been made by the Head of School the default position will be that the recordings will take place.

16. When considering requests for exemption, Heads of School will in particular consider the use of editing and audio-only recording and screen capture of teaching material e.g. power point slides.

Students with a disability who need a recording

If a student with a disability has a requirement to have recordings available this will be respected, even where the member of staff to be recorded wishes not to record. Unless there are exceptional circumstances and an acceptable compromise can be found, recording will take place. Sometimes as an alternative, because of the particular needs of the student, e.g. relating to format, the student shall be permitted to make their own recording e.g. through use of their own laptop or other recording device (see paragraphs 31 to 33).

If there is a student(s) with a disability who needs access to a University recording through the Mediasite system, then the member of staff concerned either (a) makes the recording available to all those attending in the normal way, or (b) they have the option through the Mediasite system to specifically limit access to the recording to the student(s) with the disability who need the recording. For further guidance on how to do this please see [https://it.leeds.ac.uk/it?id=kb_article&sysparm_article=KB0014285].

If the member of staff wishes to elect (b) above then they will still need to have obtained the Head of School’s agreement not to make the recording available generally to the other students present. In addition, because the lecture capture facility will indicate through the red light facility that the activity is being recorded, the member of staff will need to inform all present that the recording is only going to be accessible to those who have a need because of their disability. The purpose of this announcement is to avoid any confusion as to general availability of the recording.

Use of microphones in teaching spaces

Where a lapel microphone is provided in a teaching space, staff must make use of this equipment when talking. The use of lapel microphones enables effective voice reinforcement for students in the room, and provides high quality audio content to enable effective automatic captioning. Use of lapel microphones supports voice protection and avoids the need for students to strain to hear the lecturer. Use of the lapel microphone is likely to be very important to students with disabilities that need to access the recording.

In educational activities where students are asking questions, and these may not be picked up the microphones in the room, staff are expected to repeat questions before answering, to ensure all students present have heard the question, and for the purposes of the recording. Where there is a lot of student interaction in an educational activity, staff may consider use of other digital technologies e.g. Top Hat mobile voting system, VLE tools, Padlet board etc. to record interactivity.

Captioning of recordings

All audio and video recordings of timetabled educational activities will be automatically captioned within the Mediasite system, using speech-to-text technology. Only captions which meet a defined quality threshold will be published to students. Staff and students need to be aware that captions whilst helpful are not a hundred percent accurate. They will often need further correction or analysis. Staff can edit the captions within Mediasite prior to, or after, publication of recordings. Students should seek advice from teaching staff where they have concerns about the accuracy of the captions. Where captions do not meet the required quality threshold, they will not be provided unless an individual student requires them as part of a reasonable adjustment.

All captions will only be provided in the English language.

Where audio and video recordings are made for educational purposes and are not automatically captioned (e.g. Desktop Capture, ad-hoc recordings), staff are responsible for sending the recording for automatic captioning within Mediasite.

Where a student with a disability has a requirement for transcripts from educational activities, captions from recordings may be accessed and used by specially trained staff to create transcripts for individual students.

Speech-to-text technology is not sufficiently advanced to guarantee accuracy. Whilst the University is doing its best by having good technology, it cannot accept responsibility for any inaccuracies. Students should feel free to verify the content of captions with staff. University staff must correct any errors in captions when they are brought to their attention.

Auto-publication of recordings

~~11.~~27. All scheduled recordings (i.e. those recordings scheduled via the University’s timetable system) will be automatically published 48 hours after the recording takes place. Users will receive email notification of the intention to auto-publish and will be able to prevent auto-publication if required and permitted. Users will be able to publish recordings at any time before the auto-publication is due to take place.

Data Protection

Recordings will often engage data protection rights because they include the “processing” of personal data where individuals can be identified. For example, a video may show faces of those attending, while audio recordings will include the voices and words of the speakers. Anything done with personal data must comply with the University’s duties under data protection law, i.e. (at present) the GDPR and the DPA 2018. It must also comply with the University’s duties as a public authority for the purposes of the Human Rights Act 1998, and in particular the right to privacy under Article 8(1) ECHR.

The University has carefully considered the data protection rights of staff and students in relation to this Policy. The University’s position is that the processing of personal data governed by this policy on recording is justified because it is reasonably necessary for the effective performance of the University’s public interests tasks (Article 6(1)(e) GDPR) – specifically as regards the provision of educational services. Alternatively, the recording practices governed by this policy would be justified by the legitimate interests of the University (in delivering its educational services effectively) and students (in receiving an optimum university education). Where the recording is a legal requirement, particularly where required to fulfil the University’s legal responsibilities to a student with a disability,

the University has grounds to require the recording in accordance with Article 6 (1) (c) of GDPR. The University has concluded that its approach to recordings is balanced and proportionate.

Where the recording is to include special category data then in accordance with paragraph 10 above the explicit consent of those concerned will be required unless the University’s Data Protection Officer has agreed that other grounds may be relied upon to justify that processing of special category data based on the particular circumstances of that case.

Student Recordings

~~12.~~31. Unless students are specifically required by the University under a programme of study or research to make recordings, prior authorisation by the member of University staff managing that activity will be required. If the member of staff does not give consent then the student may ask the Head of School to review the decision that has been made. The Head of School may permit the student to proceed to record where they believe it is reasonable to do so under the circumstances of that case. The Head of School shall be mindful of the possibility of limiting access to that student as detailed under 18 above.

~~13.~~32. Only in exceptional circumstances will authorisation for recording by students be given. An example of an exceptional circumstance could be where a student with a disability needs to make a personal recording. Where authorisation is given, this will be on condition that the recording may only be used for private study. This will not allow for further copying or sharing with other students.

~~14.~~33. Where a recording by a student is permitted all those present must be informed and have the ability to object and ask for the recording to be edited. The process for notifying and considering objections is as stated above for University recordings.

Intellectual Property

In accordance with the University’s Policy on Intellectual Property Rights (see http://www.leeds.ac.uk/secretariat/documents/ipr policy.pdf) in general where staff make a recording, all rights in that recording (including rights in the sounds made) will belong to the University.

Recordings by students will be owned by them, subject to the conditions in the University’s Policy on Intellectual Property Rights (“IP”). Where a student is to be the owner of the IP the student grants the University a free, irrevocable non-exclusive licence to allow the University to complete its commitments to the student e.g. relating to the supervision and assessment of the student’s work.

~~15.~~36. The University seeks to respect student and staff rights to be acknowledged as authors and performers. Otherwise, to the extent allowed under the general law, any individual interests in the recordings are waived, allowing the University to act in effect as a custodian, to maximise educational objectives in the general interest of all. The final reminder that a recording is about to commence will reconfirm the position (see doc 2 of the Annex).

Statement of Rights

~~16.~~37. When using recordings owned by the University students and staff should always assert the University’s rights. Please see Annex for common statement asserting ownership of copyright (doc 3).

Authorship and Identification as Performer

~~17.~~38. Students or staff should wherever practicable look to assert a right to be identified as an author or performer. Individuals will need to come forward at the time the recording is made and assert these rights. For guidance on when someone should be acknowledged as an author or performer see http://library.leeds.ac.uk/info/138/copyright and licences/55/copyright-the basics/5. Please see Annex for common wording asserting authorship rights (doc 3).

Staff leaving the University

39. As with any teaching material staff leaving the University are not permitted to delete recordings in the belief that it belongs to them. Teaching material belongs to the University and is likely to be needed by other colleagues and students involved in the programme.

Downloading and Retention of recordings

Owners of Mediasite recordings can allow users to download recordings from the Mediasite system. There may be further conditions required at the time, but as a default where downloading is permitted the user accessing the downloaded recording may not (i) edit the recording unless they were the person responsible for the recording; (ii) share the recording with others; and (iii) only use the recording for private academic study.

Recordings (both timetabled and non-timetabled) should be kept for a period of 2 years. Recordings that are timetabled will be automatically deleted after a final holding notice period of 90 days before. Staff should receive final notification before permanent deletion occurs. This will give staff a final opportunity to preserve the recording if there is a compelling need (for more information, see: https://leeds.servicenow.com/it?id=kb_article&sys_id=27beae89dba6b744c9ca18fe3b961962).

Non-timetabled recordings of educational activities produced using the Mediasite system will not be automatically deleted. Staff and students (where students are permitted to download recordings) will need to manually delete the recording after 2 years.

Appropriate Material

~~18.~~43. Third party material – for example, a YouTube clip or research participant data – may be included in a recording only where it is lawful to do so and ethical requirements have been met. The University does hold licences that allow the use of some third party material, but often permission is limited to internal use only e.g. not outside of the VLE. Additional clearances for both internal and external use may be required. It must not be assumed that since the activity is educational “it will be all right”. For guidance on where further clearance may need to be sought please see http://library.leeds.ac.uk/copyright-forteaching.

~~19.~~44. A situation may occur where a recording is challenged by rights holders or deemed unacceptable for other reasons e.g. defamatory in nature. The University may itself, or require others to, edit or remove inappropriate material

Visitors

~~20.~~45. It is recognised that the position with visitors (being subject to a University recording or where the visitor wishes to make their own recording), may take some reflection and negotiation with the visitor. The arrangements should be agreed in writing (exchange of email will suffice) and relevant information contained within this policy should be drawn to the attention of the visitor so that an approach can be agreed and/or any concerns discussed.

~~21.~~46. As a general default position visitors will retain their rights in a recording made of them or by them. However, the visitor allows the University under non-exclusive licence, the right

to use the recording in the most general terms available. In particular the University may use the recording for any purpose, free of charge, in perpetuity and with the right to take legal action against any party breaching the University’s rights. Where the University is to record, the visitor should be given the Recording Notice (see paragraph 13 and 14) alongside other anticipated participants. The visitor should also be given the right to object to being recorded and to request an edit of the recording. Where the visitor is to do the recording other participants again should generally have the same rights to object to being recorded and request an edit of the recording.

Safe Keeping

~~22.~~47. Where a recording identifies individuals it must be stored safely and accessed only in a way compatible with the agreed purposes (and any other stated conditions) e.g. where just for use by members of a particular class a password system may be appropriate. Security measures should be commensurate with the sensitivity of data involved. For more guidance see the University’s Code of Practice on Use of Personal Data and the University’s Information Security Policy.

Training

~~23.~~48. Further training relating to the implementation of this Policy will be coordinated by the University’s Organisational Development and Professional Development unit (OD&PL).

Appendix Further Help

~~24.~~49. General queries relating to the implementation of this policy should be sent to the Dean of Digital Education (______).

~~25.~~50. Specific concerns relating to intellectual property rights should be sent to copyright@leeds.ac.uk.

~~26.~~51. Specific concerns relating to data protection and other legal issues should be sent to the University’s Legal Adviser’s Office (_____) or the University’s Data Protection Officer, dpo@leeds.ac.uk.

~~27.~~52. If any part of the University’s recording equipment is not working this should be immediately reported to the IT Service Desk (computer facilities) or Facilities Help Desk (audio video facilities).

Responsibility

~~28.~~53. The Deputy Vice-Chancellor for Student Education and the University Secretary shall have overall responsibility for this Policy

Version 1 (for consultation) April 2020

ANNEXES

Document 1 Special category Data – Consent form

Name of staff/student (Print)

Place (s) of recording(s)

Date(s) of recording(s)….

Activity (e.g. module,

programme research activity) being recorded

I agree as follows:

The above recording is to take place in accordance with the University’s Policy on Audio or Video Recording for Educational Purposes.
My contribution to the above activity may be recorded and used in any format by the University or others [describe] for [describe purpose].
My contribution contains special category personal data relating to [describe].

I have had opportunity to raise any concerns in relation to the recording.

I consent to my data being recorded and used as described above.

Signed

Dated …………………………………………………………………………………………………………..

Document 2

In Room Notice

The activities in this room may be recorded by the University and others acting with the University’s consent.

Recording is to be conducted in accordance with the University’s Policy on Audio or Video Recording for Educational Purposes (see http://www.leeds.ac.uk/secretariat/documents/). Please read the Policy for further background information relating to your rights. These rights include a right to opt out of recordings and to request an edit of recordings.

You may not generally record the activities yourself. However sometimes students with a disability will be permitted to make their own recordings.

If you have any concerns relating to the recording, please contact [give details].

Document 3

Ownership

Authorship

“The right of [name of author] to be identified as author of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988”.

[1] Educational purpose means any purpose related to taught student education at the University, and may include research activity or the repurposing of research activity as appropriate. This policy does not however cover the recordings made for purely research or archival purposes.

[2] For example, recording audio and screen capture as a minimum or video, audio and screen capture if preferred

[3] It is assumed recordings will be made available to students via the VLE. Explicit consent from the member of staff concerned will be required for external publication.

[4] Throughout this Policy the Head of School/Service may nominate individuals to act on their behalf. ⁵ Under GDPR there can be occasions where recordings of special category data do not need consent, but these should be exceptional and will require close scrutiny and additional actions to protect the privacy of those concerned.