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Meeting minefield
How to avoid legal risks when using Zoom .
By Ritesh Chugh and Scott Beattie
Since the COVID-19 pandemic ,
people globally have started using video conferencing platforms such as Zoom , Microsoft Teams and Google Meet for work , study and social meetings .
‘ Zoom ’ has become a verb , synonymous with video conferencing . Many Zoom meetings are recorded , and often participants take screenshots showing the participants , which are subsequently communicated or published publicly .
While most platforms warn participants when the software itself is recording , there are other methods by which this can be done secretly . Apart from the security ramifications of video conferencing , there are other privacy-related issues and legal questions that are worth pondering . Some of those questions are addressed below .
Is permission of the participants required before recording ? Your everyday Zoom meeting sits at a complex junction of different laws and may occur in multiple jurisdictions that differ in approach . There are privacy laws to consider , obligations to protect private information and the more general right of privacy .
Telecommunications and recording laws regulate private conversations . Your relationship with other participants may give rise to an obligation of confidentiality , impliedly or from your pre-existing contractual or workplace arrangements . The recordings themselves can be considered property and subject to copyright laws .
The recording of private conversations or activities requires the consent of participants . Generally , the recording of private conversations should not take place without the consent of the participants of a meeting .
In Australia , the law around this sort of privacy is not settled , but in other jurisdictions a breach may be subject to litigation . In addition , all Australian jurisdictions have laws regulating the use of recording devices that may come into play . One video conference can involve a complex web of different jurisdictions and rules .
Whatever the legal situation , it is good practice to discuss the way in which you will use recordings and to obtain consent of participants . Consent can be either express or implicit . In express consent , participants are presented with a clear option of either agreeing or disagreeing with the recording of the session . Express consent can be gained either verbally or in writing .
One video conference can involve a complex web of different jurisdictions and rules .
Implied consent is generally inferred from the actions of the participants . By merely participating in a meeting , it may be inferred that although the participants have not provided verbal or written consent , they have consented to participate willingly in the recording . This only applies to the overt forms of recording where the participants know that this is happening .
At the very least , a prudent action would be to inform participants about the recording and its purpose . This can be simply stated by providing a statement at the start that outlines that the session will be recorded for educational and / or other relevant purposes .
Zoom allows the host to display a recording disclaimer to participants before a recording starts . If this functionality is toggled on , the participants will see a message that tells them the meeting is recorded and will have the option to leave or continue .
Like most disclaimers , these need to be used with care . Participants are not going to read long and complex legal boilerplate and would not be presumed to give
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