Example
Scenario:
Dr. Mustermann records his seminar “Introduction to Molecular Biology” on video and makes the recording available to his students in a Moodle course. As Dr. Mustermann designs his seminar very interactively, there are frequent contributions to the discussion and questions from the participating students. Dr. Mustermann would also like to record these.
Answer:
Dr. Mustermann must ask the students in his seminar for consent before recording.
Legal Considerations
Consent of the Recorded Persons
When recording courses, the right to one's own image, the right to the spoken word, and the right to informational self-determination of the persons recorded must be observed in particular.
Recording, playing back and making available without the prior consent of the persons recorded is not permitted. In the case of pure image recording, consent must be obtained if the person or persons recorded are individually recognisable and not part of the large group of the course.
Consent is possible orally but recommended in writing
Consent for image publication is not subject to any formal requirements – it does not have to be explicitly given in writing, but can also be given verbally or implicitly. The students' consent should nevertheless be given in writing, if possible, so that there is legal certainty in the event of a potential dispute.
What alternatives are there if students do not consent to their own person or speeches being recorded?
Establish Transparency
In general, you should make it transparent to your students why the course is being recorded and in what context and with what objective it is being used.
However, if individual students do not consent, this should be respected.
Cut out and repeat what has been said in your own words
Check whether it is possible to cut out the students or their contributions from the recording in view of the effort involved. In order to ensure that the recording is complete in terms of content, you can orally repeat the questions or speeches concerned without reference to the respective students.
Legally Verified
The content of this page has been reviewed by Jan Hansen, Ass. jur.
