Privacy Expectations for Public Servants:
The Privacy Act (the Act) places certain limits on the entitlement to privacy for Public Servants while carrying out their duties. However, in the context of audio-visual recordings, certain privacy rights and expectations continue to apply. Public Servants may therefore have a reasonable expectation of the right to privacy, even when they consent to be recorded, or are required to be recorded as part of their work. For example:
- the views, opinions, comments, statements, etc., that Public Servants make in relation to their official duties, as well as information given, when appearing in audio-visual recordings is not considered personal within the meaning of paragraph 3 of the Act; however
- incidental information is also captured in audio-visual recordings that does not relate to a Public Servant's substantive duties, which may include: image; mannerisms; choice of clothing, jewellery, religious icons and symbols, or other accessories; birthmarks and tattoos; home environment; and other personal information.
Privacy Expectations for Non-Public Servants:
The Privacy Act (the Act) does not generally restrict the entitlement to privacy for non-Public Servants. For example:
- the views, opinions, comments, statements, etc., that non-Public Servants make in relation to any subject, is considered personal within the meaning of paragraph 3 of the Act; and
- incidental information is captured in audio-visual recordings that is also personal, which may include: image; mannerisms; choice of clothing, jewellery, religious icons and symbols, or other accessories; birthmarks and tattoos; home environment; and other personal information.
Disclosures and Consent:
It is important to ensure that adequate disclosures are given and, when appropriate, that consent is obtained, prior to making any audio-visual recordings where individuals are to be recorded.
Recording MS Teams Meetings:
Recorded meetings can be valuable to participants who would like to re-review meeting content at their own pace, and are also beneficial to individuals who could not attend meetings due to scheduling conflicts. However, recorded meetings can sometimes limit an environment of open and frank discussion. Therefore, try to record only the parts of a meeting that are important to access after the event, such as presentations and demonstrations. Try to avoid recording parts that aim to maximize participation, such as roundtable discussions, question periods and feedback on presentations. If a meeting is to be recorded, please note:
Before the meeting:
- A "notice of intent to record" should be provided in the meeting invitation. The notice should indicate why the meeting is being recorded, or what the recording will be used for, and how long it will be retained. This is especially important when individuals from outside the department, or the Public Service are being invited to participate.
During the meeting:
- The recording should only start once the meeting has formally commenced, in order to avoid the recording of incidental or redundant background information.
- Participants should always be advised when a recording is about to begin.
- When a recording begins, a message will appear on each participant's screen, identifying that a recording and transcription has started, and that, by attending the meeting, they consent to being included and recorded.
- Participants who do not wish to be recorded should disable their cameras and microphones, and should use the text chat option to ask questions or make statements.
- Presenters who do not wish to be recorded should communicate with the meeting organizer ahead of time. Meeting organizers should always respect a participant's express desire to not be recorded.
After the meeting:
- Recordings will appear in the meeting chat scroll soon after recorded meetings have concluded.