Parents and students covertly recording conversations
We've had a few questions recently about parents and students recording conversations with members of staff, both covertly or overtly without seeking permission. This article only covers recordings made by external individuals, not organisations or individuals acting on behalf of an organisation.
Legal and Practical Considerations
Schools are increasingly encountering situations where parents or students record conversations with members of staff, sometimes openly and sometimes without staff knowledge. This guidance addresses recordings made by parents or students acting in a personal capacity, and does not cover recordings made by organisations or individuals
acting on behalf of an organisation.
Application of Data Protection Law
In most cases, recordings made by parents or students for their own personal use do not fall within the scope of the UK GDPR or the Data Protection Act 2018.
Article 2(2)(c) of UK GDPR excludes from its scope the processing of personal data by a natural person “in the course of a purely personal or household activity”. This exemption is clarified further in Recital 18, which confirms that private correspondence and personal record-keeping are outside the scope of data protection law, provided there is no connection to a professional or commercial activity.
As a result, parents and students are not required under data protection law to seek permission or provide notice before making a personal recording.
Can Schools Prevent or Require Deletion of Recordings?
There is no provision within the Data Protection Act 2018 that allows a school to require an individual to delete a recording that has been made for personal or household use. As the activity falls outside the scope of data protection legislation, the school has no lawful basis under GDPR to intervene solely on data protection grounds.
Covert Recordings
Covert recording is often regarded as undesirable and can undermine trust between schools and families. However, it is important to distinguish between what is considered inappropriate practice and what is unlawful.
A covert recording made for personal use is not automatically unlawful. The fact that a recording was made without the knowledge of staff does not, in itself, bring it within the scope of data protection legislation.
When Data Protection Law May Apply
Data protection obligations may arise if a recording is used for purposes beyond personal use. This may include situations where a recording is:
- Shared with third parties
- Uploaded to social media or other public platforms
- Used in a way that affects the rights or freedoms of others
In these circumstances, the individual who made the recording may be considered a data controller in their own right and would need to identify a lawful basis for processing and sharing the personal data contained within the recording.
Confidentiality Considerations
Even where data protection law does not apply, the disclosure of a recording may raise confidentiality issues.
For a breach of confidence to occur, the information must have been imparted in circumstances where confidentiality was expected. If confidential information is disclosed to a third party without authorisation, this may give rise to a civil claim. The position is less clear where staff are acting in their role within a public authority and discussing matters in the public interest, and each case would require careful assessment.
Where the information recorded relates primarily to the individual making the recording (for example, information about their own child), it is likely to constitute their personal data, which they are generally entitled to share.
Recording on School Premises
While landowners can, in principle, impose conditions on activities carried out on their premises, enforcing restrictions on personal recordings within a school setting is likely to be challenging. Where conversations relate to staff carrying out duties in the public interest, attempts to rely on property-based arguments are unlikely to be proportionate or effective.
Conclusion
In summary:
- Personal recordings made by parents or students are usually lawful and outside the scope of data protection law
- Schools cannot rely on GDPR to prevent recordings or require their deletion
- Issues are more likely to arise where recordings are shared or used beyond personal purposes
- Concerns should be considered through confidentiality, safeguarding, conduct, or complaints frameworks, rather than data protection alone
If you are unsure about the implications of any recording, advice should be sought from senior leaders or contact us at