Audio Recording at Meetings
Nocton Parish Council
RECORDING AT PARISH COUNCIL MEETINGS POLICY
Adopted by NOCTON PARISH COUNCIL 15/10/19
13/12/22 - Reviewed and approved (ref. Agenda Item 9)
Reviewed and adopted 16 January 2024 (agenda Item )
To be reviewed January 2026
Definitions
Council - Nocton Parish Council (NPC)
Clerk - The Clerk to NPC
Chair - Chair of the meeting
Meeting - A meeting of NPC, any of its committees, sub-committees, joint committees or joint sub-committees.
Member - Councillor of NPC
Public - members of public attending meetings
Record - Any form of visual or electronic recording.
Purpose and Scope
This policy will cover the recording of Meetings by members and the public.
The right to record meetings of the Council, its Committees, Sub- Committees, and any Joint Committees is established under the Openness of Local Government Regulations 2014. This is in addition to the rights of the press and public to attend such meetings.
The Council supports the principles of openness and transparency in its decision making; it supports the recording by the public and press in meetings that are open to the public for either live or subsequent broadcast.
This Policy has been adopted to ensure that the act of recording any meeting does not interfere with the meeting and that a true record of the meeting is provided by any recording made.
The physical minutes of the meeting, which are usually taken by the Clerk and voted by the Council at the next Council meeting will remain the statutory and legally binding formal record of council decisions.
In any discrepancy between any recordings and written minutes, the Council are steadfast in using the written minutes as the primary record.
The Council fully appreciates that any recording of meetings will need to be stored securely and will be covered by Freedom of Information (FoI) and General Data Protection Regulations (GDPR) legislation.
Whilst those attending the meeting are deemed to have consented to the recording and broadcasting of meetings, the Council recognizes that some members of the public attending a meeting may not wish to be recorded and their rights under the Data Protection Act and the Human Rights Act must be respected.
Procedures
Council Recording Obligations and Duties
The Parish Council may record meetings and can retain, use, or dispose of such material in accordance with its retention and disposal policies.
Where a council proposes to record its own meetings, it will be bound by this policy.
The Council will ensure that in all face-to-face meetings, there are clear signs of the fact that the meeting is being recorded.
The Chair will propose a motion when recording is not appropriate for either a full meeting or a section of meeting – if agreed this will be clearly noted in the minutes.
If any Council meeting is held digitally, the Chair will ensure that it is clearly expressed by them that the meeting is being recorded.
The Members, Clerks and Council officers have given their permission to be recorded as part of their role.
Any members of the public or press who have attended any meeting (both face to face and digitally) will be warned by the Chair that by remaining at the meeting they have in effect given their expressed permission to be recorded. If any members of the public or press who do not want to be filmed should leave the meeting before recording commences.
The Council will ensure any notifications or signs detailing that recording will be taking place should be as clear and visible as possible.
For any digital recordings, the Chair will express the fact the meeting is being recorded in a clear manner and ask any participants if they have any questions.
The Clerk shall ensure that for any meetings that are recorded, the act of the recording is made clear in the minutes.
The Clerk shall ensure that any recording is held securely behind a password protected access process – the only personnel with access will be the Clerk and the Chair. Any request for access by any persons (other than the Clerk) should be made in writing to the Chair who will take the request to the next full meeting for discussion and a decision to grant the request – this will be highlighted in the publication scheme.
The Council will determine that how long the recordings are kept, and it will be detailed in the Retention and Disposal of Documents and Data Policy. The policy will have specific reference to the GDPR and best practice guidance from the Information Commissioners Office (ICO).
The Council will not alter, amend or in any way change the format or chronology of the recordings.
Rules of Members of The Public Recording Meetings
The Council recognizes that the general public have a right to record the meetings; this includes both face to face and digital meetings.
The Chair will remind all members of the public in attendance of the meeting or a participant in the digital meeting that the act of recording is with permission of the Council.
Regarding agenda points when the public and press are excluded, no recording by the press or public will be permitted.
The Chair will remind all members of the public and press that any recording of any meetings (either in full or part) will not be permitted to cause any disruption of any part of the meeting.
Any person wishing to record a meeting is encouraged to contact the Clerk prior to the start of the meeting. The Clerk’s details are set out on website and the agenda of the meeting. Discussing requirements with the clerk beforehand will help to ensure that the council provides reasonable facilities to meet the needs of the person that is recording.
The right to film or record is limited to the duration of the meeting. Recording must not start until the meeting is called to order and must cease when the Chairman closes or temporarily suspends the meeting. Public participation and question time may not be part of the formal meeting and should not be recorded by the Council or any attendee.
All recording devices must be clearly visible to anyone at the meeting.
Roaming while recording is not permitted.
Oral commentary during the recording by the person making the recording is not permitted.
The specific filming of children or young people under the age of 18 who are present cannot take place unless their parents/guardians have given their written consent. This provision also applies to vulnerable adults whereby the consent of a responsible adult is required, i.e. a medical professional, carer or legal guardian.
A person making a recording has no right to interrupt the formal part of the Parish meeting by asking questions or making comments for the purpose of the recording.
The person recording has no right to ask councillors, officers or any members of the public who have been given permission to contribute orally to the meeting to repeat a statement for the purposes of the recording.
The Chair of the meeting has absolute discretion to stop or suspend recording if, in their reasonable opinion, continuing to do so would prejudice proceedings at the meeting or if the person recording is in breach of these rules.
Persons who are recording are requested not to leave their equipment unattended where possible and are responsible for their equipment at all times.
The recording and reporting on meetings of the Council, are subject to the law and it is the responsibility of those doing the recording and reporting to ensure compliance. This will include the Human Rights Act, the Data Protection Act and the laws of libel and defamation.
The council expects that the recording will not be edited in a way that could lead to misinterpretation or misrepresentation of the proceedings or infringement of the Council’s values or in a way that ridicules or shows a lack of respect for those in the recording.
The Council would expect any recording in breach of these rules to be removed from public view. The Council will have no liability for material published by any other person unless it is itself undertaking the publication through its offices.
For the benefit for those who wish to record - where the recording device being used involves equipment which is larger than a smart phone, tablet or compact camera or if the person recording has other special requirements, they are requested to contact the clerk prior to the meeting so that reasonable arrangements can be made.
The Council is not liable for the actions of any person making a recording at a meeting which identifies a member of the public or for any publication of that recording.