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Hosting a Zoom Meeting? Pause before you record

Zoom provides an easy and appealing platform to connect with others across different locations.

Using Zoom, we can still gather virtually to hold live team meetings, facilitate group decision-making, stage webinars or simply catch-up for an informal chat.

During an extended period of working from home, we’ve all come to grips with using this video conferencing platform and at making the most of its functionality.

One of the functions you may have noticed allows you to easily record a meeting. Before you do, however, pause –  there are some legal obligations you should be clear about first.

Legal requirements when meeting with Zoom

We must all comply with the law regardless of where we are located or how we are connecting.

Recording a private meeting requires consent

In the digital context, meetings are still subject to the laws that protect individual privacy.

Surveillance and privacy laws place an onus on anyone who wants to record a meeting to seek the informed consent of the participants. This means that you will need to give your invitees some details about why you want to record the meeting and ask that they consent to the record being used for that purpose.

Once you have the informed consent of the participants you can commence recording. To document that you have agreement, you might for example, begin the recorded part of the meeting by confirming what the recording will be used for and that the participants have given their consent.

If you are a participant in a Zoom meeting and notice that it is being recorded (check the top left‑hand corner of the screen), you are entitled to ask about the purpose of the recording. The business purpose should be clear and relevant. You are entitled to leave the meeting if you don’t think that is the case.

This same general obligation applies to face to face meetings. In most circumstances, you can’t use your smart phone to legally record a meeting conversation unless you have everyone’s consent. In either case, significant penalties apply – up to $75k for an organisation or $15k or 3 years’ imprisonment for an individual.

Your recording is a record or information asset

Your video file may be a University record because it documents how we are managing our legal or contractual obligations, furthering our business objectives or adapting to changing circumstances. You should treat your video file as you would any University record and ensure that it is securely stored in an authorised recordkeeping system. Refer to the University’s recordkeeping procedures for specific details.

Your video file may be an information asset containing data intended to progress a range of operational objectives. You should take care to ensure appropriate protections are applied to prevent unauthorised access, disclosure, or loss of this asset. Refer to the Information Classification and Protection Guideline for more detail.

In the event of unauthorised access, disclosure or loss, refer to the University’s Privacy Policy & Plan and Data Breach Response Plan.

Other considerations to remember

Zoom meetings with international colleagues may require additional thought. Depending on your field, you should make sure that none of the information you may be sharing via Zoom would be of a kind that may be subject to defence trade controls.

Zoom is considered a business application and children under 16 are restricted from creating accounts unless through a School subscription to the service. Check the Zoom terms of use for details.

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