Privacy, podcasting and copyright

In response to a request for information from the Department of Justice and Attorney-General, we have received this message which will be of interest to all who are uploading podcasts to LearnJCU.

Freedom of Information and Privacy

The following outlines the privacy implications of recording lectures and distributing them by way of podcasting and other technologies.

This scenario, in part, involves the collection and distribution of personal information of guest lecturers and students for inclusion in a publication that will be available to class members by way of Internet access (e.g. LearnJCU).

The privacy of the individual students participating in a lecture that is recorded for later use/review by members of the class must be considered in the context of current university practice where such recording and use is accepted educational practice providing a valuable educational resource/service for internal and external students.

This issue of university students being recorded (identifiable image and voice) during the course of a lecture can be addressed by giving clear notification to students that the lecture will be recorded and made available to students enrolled in the subject signage in the lecture theatre / or by way of announcement at the beginning of the particular lecture or provided in the subject outline.

The role of students in the lecture is assumed to be that of an audience and sometimes active participants. Interaction by an audience member (student) recorded (image or sound) for later use by class/subject members may reasonably be assumed to be with the knowledge (notification) and implied consent of the student (who chooses to interact and sit within view of the camera).

However, any broadcast/distribution to a wider audience (i.e. non class members) or any other use of the recording for another purpose (research or inclusion in another film/video) or any other disclosure may require further consideration on a case by case basis.

In respect to the person presenting the lecture:

If the presenter is a member of JCU staff carrying out duties in accord with the staff member's role description then there are unlikely to be privacy issues.

Specific consent and copyright issues affecting a lecturer's / guest lecturer's presentation are addressed in the sample policy document links below.

Further information

QUT provides specific information related to recording the performances of guest lecturers.