An emergency meeting of the branch was help today to establish the branch’s position on the employers’ offer on casualisation, equal pay, workloads and pay (the ‘four fights’ dispute) and on the latest developments in the USS pensions dispute. The meeting is to let our delegates know how to vote on our behalf at a meeting of branch delegates on Tuesday (26 May), ahead of the UCU higher education committee meeting on 27 May. (For more details see Your feedback on next-steps in the ‘Four Fights’ and USS disputes)
No formal vote was taken on the USS pensions dispute, so our delegate will try to vote with the contributions made in mind.
On the ‘four fights’ dispute, members passed the following motion:
Motion 1
This branch rejects the latest ‘offer’ in the 4 fights dispute.
We don’t believe that sufficient progress has been made on any of the key issues in the dispute in the light of the developing crisis in the sector.
Accepting an ‘offer’ that does not give sufficient guarantees to women members on the gender pay gap, BAME members on the race pay gap and to our casualised staff and includes no movement on pay would be to let down the tens of thousands of members who joined our picket lines for 22 days.
This is especially true in regards women/BAME and casualised staff, who were at the forefront of the strikes.
We reject the idea of ‘banking’ inadequate progress.
An acceptance will only be seen as a sign of weakness by employers and encourage further attacks at this critical moment.
I’m writing with some further information about the two disputes – the reports from the UCU negotiating teams. Please read these if you possibly can before our emergency general meeting 1pm Friday where we will discuss the disputes and elect a delegate to take the branch views to a branch delegates meeting next week which will inform the union’s Higher Education Committee (HEC). The HEC will then take a decision on what the union will do in each dispute, including whether to put the employers’ offer on the Four Fights to a membership ballot, and about balloting for further industrial action. The current position is that the union will re-ballot on both disputes, starting at the end of June or as soon as practically possible thereafter, and ending in September. HEC can decide to continue the ballots as planned or to cancel, postpone or otherwise alter them.
Our negotiators have worked incredibly hard for many months on both disputes and their statements are crucial to these discussions. Our industrial action has pushed the employers to improve on their original offer on the Four Fights, particularly on casualisation and workload, but falls short of what we hoped to achieve, particularly on pay. Issues for us to discuss include whether we think this offer should go to a ballot now, and what should the union seek to negotiate over in the next ‘pay and related issues’ bargaining round which starts soon. On USS, there are encouraging signs of better co-operation from the employers, but no indication that our contribution level will go back to 8% (“no detriment”). For both disputes, we need to discuss whether/how we think further industrial action could be effective, whether we think we could pass the 50% turnout threshold on a ballot over the summer, and whether we think reballoting should continue as planned, be postponed or be cancelled.
I hope you can join us at the Emergency General Meeting (EGM) to discuss this on Friday. Committee members are attending UCU briefings on both disputes to find out more, today and tomorrow, and will be reporting on these briefings to Friday’s EGM.
We have previously elected 5 delegates to Congress (which would have been next week but is of course postponed – the number of delegates is based on branch sizes). At Friday’s EGM we will elect one delegate to attend each of the branch delegate meetings. The delegates could be our Congress delegates, but other members could also volunteer for this. Please let me know by 12 noon on Friday if you would like to volunteer. If there is more than one person offering for either or both delegate meetings, we will hold an election during the EGM using a Poll on Blackboard Collaborate. Both the branch delegates meetings are on Tuesday 26th May (unfortunately this is a university closure day) and last for two hours. They will be run using Microsoft Teams.
– Four Fights branch delegate meeting 10:00 to 12:00
– USS branch delegate meeting 13:30 to 15:30
I will send a further email on Friday with the link to our online EGM.
As members will be aware, the university is proposing to introduce a new policy on audio-video recording (lecture capture) and has consulted UCU on its contents.
Many thanks to those members who responded to our request for feedback: you can find a summary of feedback here. As you can see, a range of views were expressed and the feedback was really helpful to help us understand the wider implications of the policy changes and the attitudes of members towards it.
Broadly speaking, our position is that we support drives towards inclusive education and particularly appropriate support for disabled students, and we recognise that many staff consider lecture capture to be a useful part of their pedagogy. However, we have significant concerns about the misuse of lecture capture for performance management or for replacing staff, and we know that many staff have pedagogic reservations about lecture capture (which should be respected as part of their academic freedom) and others have particular reasons why they are not willing to be recorded, and we consider that both of those sets of concerns need to be respected.
The University has now let us know that they will be amending the draft proposal in the light of our comments, and we are hopeful that some of our concerns will be addressed.
We have not yet seen, and therefore not agreed, any new draft and will be in touch to let you know what we think of it. We suspect that it will be an improvement but that some of our concerns may remain unaddressed.
This amended proposal will then be consulted on by the University, with staff and through the Learning and Teaching Committee structures.
Please engage with those consultations and, if you sit on School or Faculty Learning and Teaching Committees, make sure that the policy is discussed and make your views known. There is a lot going on and these kinds of things can get buried in meeting documents, but this is a really important policy for everyone.
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].
“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 …………………………………………………………………………………………………………..
8
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].
“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.
Summary of informal member feedback on the senior management proposed changes to the lecture capture policy
The general policy on recording and the loss of the automatic right to opt out
Significant unease about new point 6: using lecture capture material for performance management. This was by far the most common point made in this section. The caveat ‘routinely’ does not reassure staff and the belief that they are under surveillance through lecture capture is making staff far less comfortable with being recorded. A concern frequently raised is that of student complaints that are unreasonable and/or politically motivated, and the implications for academic freedom. Staff warn that this provision could have an inhibiting effect, making them more likely to lecture from a script and less likely to teach in a more interactive, relaxed and personal manner
There is some concern about bullet point 5 and the ability to make recordings available outside of the learning and teaching context in which they were made. This causes anxiety about using captured lectures inappropriately, to replace absent staff, striking staff or staff who have left. Staff believe that lectures are and should be captured for the purpose of teaching a particular course of study in a particular year, not for wider use. There is also concern about the recognition of authorship of material: whilst the university does formally own our intellectual property including that which we hold in our lectures, there should nevertheless be recognition of authorship when the university uses our materials.
Opposition to the opt out process. Some respondents indicated that they use lecture capture, sometimes or always, but are concerned about themselves and others being forced to do so and to go through a process in order to opt out. Specific issues raised include intrusion on professional and pedagogic decision making; the administrative and bureaucratic burden for heads of school and other school leaders; and the amount of power this gives to a head of school with little accountability, giving rise to the possibility of bullying and/or junior and precarious staff feeling unable to make the case for opt-out
Concerns about the pedagogic justification for lecture capture, either generally or relating to specific types of teaching, and about the lack of evidence that lecture capture improves student learning. This raises a concern that the driving force being the new policy is not the improvement of student learning;
Point 10: the view that recordings will frequently if not always include special category data, through people appearing on screen or through personal disclosures in a lecture or seminar. It seems impossible, or very cumbersome, to exclude it from a recording without inhibiting the quality of teaching and discussion;
Concern about the appropriacy of lecture capture for different types of teaching – the policy suggest that all teaching events, not just lectures, should be captured. Staff considered that the appropriacy of lecture capture as a support for students varies depending on the way learning is organised within a session, and requiring lecture capture for interactive seminars in particular is considered by some to be inappropriate. Staff also referred to concerns about student consent to being recorded in interactive sessions given the likelihood of mention of special category data, and the inhibiting effect that recording could have on student participation.
Overall, some respondents are clearly opposed to all lecture capture in principle. Others expressed support for the general goals of lecture capture, particularly in terms of supporting disabled students (but also more generally), but objected to the aspects of the policy which involve using lecture capture for purposes other than student learning and support, and objected to the use of a captured lecture outside the specific module for which it was delivered.
Lecture capture and disabled students
There is substantial support and understanding amongst responses for the needs of disabled students and for the role of lecture capture in providing for those needs. The majority of respondents taking this view, however, felt that the policy could be improved whilst still supporting the students who need it.
The policy prioritises students over staff, assuming that opting out of lecture capture is a matter of ‘want’. It does not provide a mechanism for reconciling the rights of disabled staff with the rights of disabled students, but instead assumes that the rights of students will always take precedence. The same is true for other circumstances where staff may have a genuine need not to record or not to publish the recording widely;
Staff indicated a keenness to engage more flexibly with reasonable adjustments for disabled students, including ones more appropriate and effective for the pedagogy used. Many staff were happy with making recordings available only to the students who need it (although there are some concerns raised about the effectiveness of communication to staff of Assessments of Needs). Others who had concerns relating to the lectures being controlled on the university system wanted to be able to consider other means of recording;
Concern was expressed over the announcement prescribed in s 19. It requires staff to declare publicly that they have been authorised not to provide captured lectures, which in turns constitutes a declaration that they have a reason for that – if that reason is private, personal or sensitive this will be a difficult thing to do – they may have to field questions or be aware of speculation. There are better, more natural, ways of handling this situation.
Concerns referred to in the previous section about the HoS authorisation process, in terms of autonomy, bureaucracy and workload, were raised here as well.
Use of lapel microphones
General support for the principle, although some respondents felt that the policy was unnecessarily prescriptive and specific and could perhaps be contained within guidance instead. There was some concern about the complexities of recording interactivity, suggesting that further guidance and training would be of assistance, but also connecting to concerns above about the impact of recording interactive classes.
There were many comments about broken mikes, dead batteries and the overall poor quality of some provision in lecture theatres, leading to poor audio even if the provided equipment is used. Some staff do not know how to use the mikes. In addition, lapel mikes are difficult to wear for those not wearing a suit, and other forms of microphones should be explored.
Captioning
General understanding and support for the value of captioning, but respondents had significant concerns, often from experience, around the accuracy of captioning. Particularly problems are noted for staff without Southern English accents; staff who teach using technical terms or terms of art (which is most staff) and staff who teach in foreign languages. Leading on from this, there is significant concern about the workload involved in requiring staff to correct errors in captions and the risk of releasing significantly inaccurate captions.
Autopublication
We asked a more specific question here in order best to understand current practice and the implications of the change. Most staff who do not edit cite lack of time as a reason for this, together with a ‘clunky’ and difficult to use editing system, particularly when one is working from home. For some staff, not editing creates a more authentic recording which is what they want to provide. A few staff are unaware of the editing function or how it works. For staff who do not edit, reducing the turn around time will have no impact, and several respondents supported the need for students to be able to access recordings more quickly.
For those who edit, it is more of a problem – and some staff edit diligently to improve the quality of the recorded lecture or to remove sensitive data. There is some concern that the new proposed policy, particularly in relation to requiring recording of more interactive classes and the exclusion of all special category data. Particular comments were made about the disproportionate impact of the reduction on staff who work part time, or who become ill after the class, or whose class falls at the end of the working week.
Data protection and student recordings
A number of responses harked back to points in the first section to the effect that special category data may well be frequently included in recordings and that given that the requirement for consent is particular significant.
There is some concern about allowing Heads of School to override staff on the matter of the consent to student recordings, particularly because no parameters are given for this. There are also concerns about the lack of clarity on detection and enforcement measures against unauthorised student recordings.
Intellectual property
The University’s IP policy vests ownership of IP rights in the university as part of our employment contract. Many members are uncomfortable with this and feel that the policy goes too far in permitting the university to exercise ownership rights over material which, whatever the formal legal position, is traditionally understood as closely associated with the creative and intellectual work of the individual academic and is thus highly personal. New point 39 caused concern, both for its somewhat aggressive tone and for what appears to be a threat to use recorded materials after a member of staff leaves; a particular concern relates to the possibility of making staff redundant or not replacing resigning or retiring staff and instead relying on recorded materials.
Reasons for opting out
A range of reasons were given. Concerns were expressed over IP rights, surveillance culture, including a fear of being targeting for discrimination or because of the expression of political views, using captured lectures to break strikes and the extra pressure which recording places on new and inexperienced lecturers, which can be detrimental to mental health. Some respondents felt that recording would change their teaching style and in particular that they would personalise and humanise their lecture less. Others opt out for sessions or modules where there is frequent use of sensitive information or of material under copyright.
Many respondents cited pedagogical reasons. Aside from the concern that they would teach less well when recorded, the most common concern was the tendency of recording to stifle discussion and interaction, particularly, although not exclusively, when sensitive or personal issues are discussed. Some participants also mentioned reduced attendance and the consequent risk of less effective learning coming from a recording.
Positives in the policy
Staff who answered this question used it to make positive comments about inclusive practice and support for disabled students in particular. Some welcomed the good intentions of the policy in terms of inclusive practice, but regretted provisions which seemed aimed at other goals.
Negatives in the policy
Staff who answered this question raised a range of issues, mostly discussed above.
Surveillance and the use of recordings for disciplinary purposes
Workload, often specifically around captioning but also editing
Respect of ownership of material
Use of material after a staff member has left or during strike action
The protection of staff rights and interests, often in relation to protected characteristics
