Is it legal for employers to record video meetings?

Kathleen Morrison of Brodies explores the issues related to employees working from home and using video conferencing and call facilities.

With many employees still working from home, it may be necessary for employers to carry out disciplinaries, grievances, performance and absence meetings, consultations and even dismissals remotely, via video call.

It might be tempting for employers to hit the record button on video calls, but is this lawful, or desirable?

The first consideration is data protection law. Recordings will comprise personal data of all participants and others identified in discussions. That may include special category personal data: political opinions, health or disability information, ethnic origin, trade union membership, religious belief, sexual orientation or criminal convictions.

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