Q&As

Are there any rules around the recording of Child Protection Conferences? Can individuals record them via an electronic device despite the usual warning from the IRO about this? What offences might be committed?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 05/08/2020

The following Local Government Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Are there any rules around the recording of Child Protection Conferences? Can individuals record them via an electronic device despite the usual warning from the IRO about this? What offences might be committed?

Unfortunately we do not have guidance which addresses your precise query. However, we hope the following is useful to your research.

Parents may wish to record a Child Protection Conference, perhaps as a form of note-taking, or potentially because they feel they need a form of protection against misleading minutes being produced at the conclusion of the Conference.

A Child Protection Conference is not a court hearing, therefore a parent will not be in contempt of court if they record what is being said.

The extent to which the recording (and any subsequent use or other 'processing' of 'personal data' in the recording) by parents complies with data protection law would need to be considered in the circumstances, including under the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 and Data Protection Act 2018 as relevant. For example, some of the factors to consider may include:

  1. whether each processing activity is within the scope of data protection law or exempt (eg under the exemption for processing 'by a natural person in the course of a purely personal or household activity' (see GDPR, Art 2(2)(c) and Recital 18)

  2. the nature of any processing activities (eg the nature of the record(s) made and any disclosures or other processing of the record(s))

  3. the individuals to whom any personal data relates

  4. to the extent data protection law applies, the steps taken

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