Recording
Recording
Parents are often told that they are unable to record their interactions with professionals , but is this backed up by published policies? The Information Commissioner regards the content of a meeting to be the personal data of the subject of the meeting rather than that of those in attendance at the meeting. The Data Protection Act 2018 does not apply to individuals recording data for their own personal or family use. The Care and Quality Commission has published guidance on using overt and covert recording and states that it would be unacceptable for someone to refuse to treat someone because they're being recorded. The Harassment Act 1997 states that it is an act of harassment for any person to pursue a course of conduct to persuade a person not to do something which they are entitled to do.
The Information Commissioner is in the process of updating its guidelines, but until it has completed this some documents still reference the previous law. In most cases the principles behind the legislation has not changed so these guidelines can still be used, but if you are in any doubt or you need to rely on this information it would be recommended to contact the ICO for further advice and clarification. https://ico.org.uk/global/contact-us/
All content on this website is to enable parents to have access to the information they need to make their own decisions and is not advice. None of the information is original, and links are provided to show the original source and author of each item where possible.
Guidance from the Information Commissioners Office to help people determine what is personal data, and how to determine who the data belongs to. Pages 17-20 discusses the question of if the content of a meeting belongs to those taking part in the meeting or the person whom the meeting is about.
The Data Protection Act 2018 states that data used for personal, family or household affairs is exempt from the principles of the Act.
The CQC published guidance for those thinking of recording care, both overt/covert and audio/video, and explains how it would use information sent to them which was gained that way. On page 7 it states that it would be unacceptable for any member of staff to refuse to treat, or care for someone properly, if they knew that recording equipment was being used.
The Protection from Harassment Act 1997 states that it is an act of harassment for any person to pursue a course of conduct to persuade a person not to do something which they are entitled to do.
The Transparency Project published guidance about the recording of social workers by parents where there is local authority involvement with the family. The guidance is intended to be used by parents and their advisers and representatives, and by professionals – who might include social workers, social work managers, independent reviewing officers and local authority lawyers.
CAFCASS is an social work service representing children and young people in the legal system, and publishes guidelines for how its social workers will operate. Pg 19 discusses parents recording interactions with social workers.
