Photography, Recording, Privacy & Copyright

People have the right to not have their photo taken, video recorded or voice recorded as faces and voices are private information (as long as you aren't a public figure). However, on public property such as a shopping mall – that is, not in a classroom – there is no expectation of privacy so videotaping is allowed.

Photography, videography, and audio recordings are considered collecting private information according to both federal and provincial law. Any photography or recording of students must be accompanied by appropriate notification and/or written consent (see below). By not getting the proper, legally-binding releases signed or providing students with the opportunity to not be photographed or recorded, you are opening yourself and the university to a lawsuit which you will lose. 

If you will be recording course lectures/seminars (in-person or online) you are not required to receive written consent from students, but they must be properly informed that the sessions will be recorded. The notification about the recording should be sent to participants in advance of the recording so they can prepare their work spaces (remove any personal identifiers, belongings etc.) or choose to turn off their video. Please notify them of these options. Also consider restricted access and dissemination of the recording to your students, and explaining those choices to them.

Below is some sample wording of a notification statement:

Protection of Privacy - Personal information provided is collected in accordance with Section 4(c) of the Alberta Protection of Privacy Act (POPA) and will be protected in accordance with section 10 and used and disclosed in accordance with sections 12 and 13 of the Act. It will be used and/disclosed for the purpose of providing support to the student identified in this form submission.

The recording created and/or used within the context of the course is to be used solely for personal study, and is not to be used or distributed for any other purpose without prior written consent from the students. The recording will be posted [location] and will be retained for [amount of time].

Direct any questions about this collection to: [name of instructor] at [instructor contact information]

Easy rule of thumb

Whoever pushes the button on the camera (or clicks “record”) is the owner of the photograph/recording, and thus, is responsible for adhering to privacy legislation. This means that if you take a photo of the student or make the recording, you are responsible for notifying them and/or getting their written consent. This also means that if the student submits a photo to you, you don’t need them to sign a release. 

If you get written consent for photographs and/or other recordings, you must retain the paperwork for as long as you keep the photos. For example, if you plan on deleting and destroying all copies of the photos by April 30, 2030 you can also destroy the paperwork at the same time.

These photo releases were designed by the university’s Information and Privacy Office and are legally-binding. They are also linked below.

• A Primer on Photography, Recording, Privacy, and Copyright

• Recording Best Practices (Information and Privacy Office)

• Student Consent re Use of Course Submissions

• Photo Release for Classrooms (see link for “Classroom Authorization for Use of Photographs, Audio and Video Recordings”)

• Photo Release for Marketing and Promotions (see link for “Authorization for Use of Personal Information for Marketing Purposes form”)

• Best Practice for Teaching with Zoom or Google Meet (CTL)

It's the law: 

• Canadian privacy law 

• Alberta privacy law 

In conclusion, if you didn't get written permission to take the photo, don't take it.

It is possible to use copyright-free photos if they are covered under an open license such as the Creative Commons licensing or if copyright has passed (the general term of protection for copyright in Canada is life of the author plus 50 years after their death). The use of photos of people, since you don't know if those photos were properly obtained with full consent, is not recommended. For non-people photos, try this search engine, Search Creative Commons, and the University of Alberta’s Copyright Office also has a video tutorial on Finding Open and Creative Commons Content.