Photographs, Video/Audio Recordings

Guidelines on Collection, Use and Disclosure of Photographs, Video and Audio Recordings, and Broadcasting of Live Events

Principles

  1. Under the Access to Information Act (ATIA) and Protection of Privacy Act (POPA), photographs, video and audio recordings are official records. Because these records capture images and sounds of identifiable individuals, they are considered personal information.
  2. When a University employee takes photos, videos or audio recordings of people, the University is collecting personal information. Employees must be aware of this and consider their obligations as a result. The collection, use and disclosure of personal information contained in this type of media must comply with the provisions of POPA.
  3. Taking, using or disclosing photographs, videos or audio recordings from public university events or activities is not considered to be an unreasonable invasion of the personal privacy of the individuals photographed or recorded if the images simply indicate "attendance at" or "participation in" the event. Public events may include a graduation ceremony, sporting event, cultural program or club, and field trip. In this case, there is no need to obtain consent for the use or disclosure of the photographs or tapes; however, it is recommended to post a notice or announce that photography and recording may take place. NOTE: If an individual attending such an event or speaking or participating in the ceremony or event, explicitly requests that the information (in this case, photographs or recordings) not be disclosed, the University must abide by that request (see section 20(3) of ATIA).
  4. The same principles generally apply to the broadcasting of live events. Please note that you must take special care in the procedures used to broadcast live events. If you inadvertently over-collect personal information in a recording, the error can be remedied by deleting the recording and/or not distributing it. If you inadvertently over-collect information in a live broadcast, you do not have this ability.

Procedures

  1. Where photographs, audio or video recordings are going to be taken at a University event, or if the University event will be broadcast live (e.g. a rehearsal, a practice, a class room situation or private ceremony, or in a class where videotapes are used to evaluate and advise on professional performance), an announcement that photography and recordings (audio/video) may be taken, including the authority for the collection (in the event that the photography and/or recordings take place), the purposes for which the personal information in the photographs or recordings is going to be used, and contact information for someone who can answer questions about the collection (see section 5(2) of POPA for specific requirements). If any individual subsequently requests that their personal information not be collected, used or disclosed, that request must be honoured. If you feel that a particular request cannot be honoured (e.g. the recording is necessary in order to achieve a course objective), please consult with the Information, Privacy and Records Management Office at privacy@ualberta.ca. 
  2. Consider whether it is appropriate to warn audience members who are viewing the University event, either in person or by watching a live broadcast, that they do not have permission to record the private event.
  3. Photographs, videos or audio recordings generally cannot be used or disclosed for purposes that were not identified in the original collection notice, unless the individuals in the photographs or recordings have given written consent to the new use or disclosure (or unless an exception in the POPA applies to that use or disclosure).
  4. The equipment used to make the recording or live broadcast on behalf of the University must be appropriately safeguarded at all times to prevent unauthorized individuals from accessing and using the equipment. It should generally not be left unattended. If it must be left unattended, it should be turned off or disabled in such a manner that another individual cannot use the equipment without entering a password or otherwise providing appropriate authentication.
  5. If an individual is asked to provide a photograph of themself (e.g. for posting on a website), the request for the photograph should be accompanied by a request for written consent using the Use and Disclosure of Personal Information Consent (Photographs, Audio and/or Video Recordings) form.
  6. Where a photograph is taken for an identification card, a written notice meeting the requirements of section 5(2) of POPA must be given to the individuals involved. In addition, the consequences of refusing to permit photography and recording must be clearly spelled out. If such refusal would deny rights or privileges otherwise implicit in the contract that the student, staff member, patient, client or other visitor may have with the University, legal advice may be necessary to ensure that the denial does not result in unforeseen consequences.
  7. A clear statement about the retention of such photographs or recordings should accompany the notice. The photographs or recordings must be destroyed on the expiry date of their retention period unless they are records that are responsive to a current request for access to information under ATIA, or are the subject of a legal hold due to litigation.
  8. The collection of personal information using video monitoring technology and the use, retention and disclosure of such personal information is not considered in this Guideline. For information about the University’s use of video monitoring technology, please see the web page Safety + Security Camera Systems.

Photographs, audiotapes or videotapes taken for marketing or advertising purposes may be used only with the express written consent of the individual (or their guardian). This form (Authorization to Reproduce Physical Likeness / Voice and or Name / Student Work For Educational Marketing and Advertising Purposes) should be used in these cases.

NOTE: The University is prohibited from selling personal information in any circumstances or for any purpose, including for marketing or advertising purposes (see section 11 of POPA).