University Policy 122

Video Capture Policy

Initially Approved: January 25, 2016
Technical Edit: April 18, 2016
Policy Topic: Information Technology
Administering Office: Office of CIO

I. POLICY STATEMENT

Faculty and staff at Western Carolina University (WCU or University) respect the privacy of students, employees and visitors. WCU authorizes video capture and the use of video capture technology for university purposes that include, but are not limited to, scholarly, health care and commercial purposes. WCU is committed to implementing and maintaining a Video Capture Policy that maintains privacy and security for the campus community, but also allows the University to advance its educational mission.

II. SCOPE

This policy applies to all University faculty, staff, and students who are performing duties on behalf of faculty (for example, Content created incidental to a faculty member’s scholarly activity) and/or staff (for example, Content created to further a commercial activity) or who are performing duties as part of an employment and/or training (for example, Classroom health practice activities) relationship with WCU. Nothing in this policy shall apply to the activities of the University Police Department, including WCU Emergency Services, when performing their traditional duties as well as any Video Capture Content generated incident to the activities described in University Policy 101: Installation and Use of Video Cameras for Non-Academic Purposes.

III. DEFINITIONS

  1. “Images” refers to still images derived from the Video Capture Content.
  2. “Video Capture” means the act of filming or creating video recordings.
  3. “Video Capture Content” or “Content” means video recordings made by, for, or under the supervision, control, or direction of WCU, its faculty, staff, students, agents or assigns and may include the audio component associated with the video.
  4. "Commercial Use” may include, but is not limited to, the use of Video Capture Content in a television commercial; web-based advertisement; pop-up advertisement; as well as the use of still images from Video Capture Content in any magazine advertisement; web-based advertisement, such as content found on the official WCU website owned or maintained by WCU; and/or advertisement found in any Department of Athletics publication.
  5. “Scholarly Use” may include, but it is not limited to, the use of Video Capture Content, including the audio component derived from the Video Capture Content as well as any Image(s) derived from the Content, as part of research, a grant application, conference presentation or any other similar use.
  6. “Third Parties” may include individuals who are not associated with the University, including but not limited to, private citizens; private entities; students of WCU; WCU student organizations; and/or faculty and staff not operating at the direction of WCU.

IV. IMPLEMENTING PROCEDURES

A. Privacy Waiver and Release to Video Capture

  1. Releases

    Notwithstanding Sections IV.A.2 and IV.A.3 below, WCU should, but is not required to, obtain a Privacy Waiver and Release (Privacy Release), available in Section VI, from any individual depicted in the Content, prior to any Commercial Use or Scholarly Use of the Content. Written permission in the form of the Privacy Release from a parent or guardian should be obtained prior to any Content creation and/or use of Content that includes individuals younger than 18 years of age (e.g. Content created pursuant to an educational program requirement such as the recording of a student teacher interacting with minors).

  2. University Property

    When members of the University Community and/or members of the general public enter property owned, managed, or controlled by the University, they consent to the creation of Content using their likeness. The University may use this content as it sees fit. Notice of this policy statement shall be prominently displayed the University’s website, as well as in the Faculty Handbook, and the Student Catalog.

  3. Gatherings and Events

    Content created for newsworthy and/or editorial purposes by WCU is generally permitted and may not require a Privacy Release from the individual depicted; however, obtaining a Privacy Release is suggested.

    In the instance of Content created in association with a University sponsored event or an event that occurs on space owned, occupied, or managed by the University that is attended by members of the campus community, the general public, or both, the University may provide attendees of the event with additional notice of Video Capture activities. The continued attendance at the event by the attendees shall signify their permission to be a part of the Video Capture activities and their permission for the University to use their likeness as it sees fit.

    Content created depicting unidentifiable individuals will not require a release of any type by the unidentifiable individuals.

    Guest Speakers/Presenters: A Privacy Release or a contract modification allowing for video capture by WCU should be obtained from all guest speakers/presenters prior to being video captured. In the event that a guest speaker/presenter will not agree to a video capture release or contract modificiaton, the contract administrator shall notify University Communications of the status of permission.

    Department of Athletics: Student athletes may be recorded using equipment owned, operated, or managed by the Department of Athletics. A release provided by the Department of Athletics from each student athlete should be obtained prior to any recording or creation of Content. This policy does not apply to media rights and/or media licensing agreements contemplated between WCU, including media rights and/or media licensing agreements which involve or require the service(s) of WCU faculty, staff, and/or students, through its Department of Athletics, and any third party media rights/licensing company.

    Third parties filming on property owned, controlled or managed by WCU are expected to comply with all applicable policies including, but not limited to, University Policy 82 - Facility Use and Public Art and University Policy 110 - Conferences and Events Policy.

B. Creation and Maintenance of Video Capture Records

  1. Education Records

    Content depicting depicting students may be “education records” pursuant to the Family Educational Rights and Privacy Act (FERPA), and cannot be shared publicly without the written consent of the student depicted in the Content in accordance with University Policy 72 – Family Educational Rights and Privacy (FERPA or Buckley Amendment).

    Prior to any video capture of students in an educational setting (e.g. a classroom), including the video capture of classroom activities not made a condition of the successful completion of a course, a Privacy Release, provided in Section VI, must be obtained from the subject student(s). Further, prior to the creation of Content in an educational setting, the instructor shall define a recording free zone and note in a conspicuous location that the educational setting will be recorded. This Content may not be shared with any student not enrolled in the video captured course and/or faculty member unless authorized pursuant to FERPA or unless the student(s) depicted in the Content signs a FERPA Release Form. With regard to regular video capture instances (e.g. a semester of classroom activity), a term specific FERPA Release Form from the student or guest is acceptable. It is recommended that students be informed prior to any video capture activity and/or course offerings that require video capture activity as a prerequisite for successful completion of the course.

    It is understood that certain courses may require that a student be subjected to video capture as a condition of the successful completion of the course. In such cases, all applicable FERPA rules and regulations do apply. Further, the video capture content created may not be used for any purpose other than grading and evaluation without the consent of the subject student(s). Consent may be gained with the use of the Privacy Release, provided in Section VI.

  2. Health Care Records

    Video Capture Content of patients in a clinical setting may be considered to be individually identifiable health information and protected under HIPAA. Any Content protected pursuant to HIPAA must be created, transmitted, and maintained in accordance with WCU HIPAA Privacy and Security Regulations regardless of whether the information is used for educational purposes or is made a part of the patient’s medical record.

    WCU must obtain the patient’s permission prior to the creation of any Content and/or the start of any video capture activities. The patient or his/her legal guardian or caretaker must agree to permit instructors and students associated with the treatment and evaluation of the patient to view and review the Content.

    Only WCU owned, managed, maintained, or contracted equipment and/or service will be used to create Content depicting patients and students providing services to the patient(s). In the case of Content created with the assistance of contracted equipment and/or services, WCU shall enter into a Business Associate Agreement with the contracted entity.

    The college, department, or university must establish written procedures for the creation of Content that is also a patients’ medical record. These written procedures must indicate the person or position who shall approve the creation of Content, the person(s) or position(s) who have access to the Content, when access to the Content will be granted, and where the Content will reside. The Content may be used for research or the development of continuing education with the consent of the patient/client. Please note, permission to view the Content outside of the building in which it was created for teaching, assessment or grading purposes must be obtained by the college Dean and the WCU Chief Information Officer.

    Any Content used for the treatment and/or evaluation of patients must be kept pursuant to all applicable state and federal laws and regulation. The Content shall not be transported outside of the control of WCU through physical, digital, streaming or any other known or unknown means unless it is encrypted pursuant to applicable industry standard and is so approved by the college Dean and the WCU Chief Information Officer.

    Video Capture Content shall be maintained and retained pursuant to University Policy 97 – Data Security and Stewardship and the Data Handling Procedures, University Policy 108 - Records Retention and Disposition, and University Policy 117 – Information Security Policy.

    Content associated with patient treatment or evaluation shall not become the property of either the instructor or the student providing the care; however, insofar as the Video Capture Content is considered a FERPA record pursuant to this policy, the student may view the Content pursuant to FERPA.

  3. Research

    Content created pursuant to scholarly research shall comply with this policy as well as any established Institutional Review Board (IRB) policies and procedures as specified by the United States Department of Health and Human Services Office of Human Research Protections with regard to video and video capture of research subjects.

  4. Student Generated Content

    This policy does not apply to any WCU Student(s) who generate content pursuant to their educational responsibilities, such as pursuant to a classroom assignment or students who are performing their own scholarly work. However, students should use their own best judgment in the creation of content and must remember that they are bound by all University behavior policies, including but not limited to the Code of Student Conduct.

V. COPYRIGHT

WCU respects the right of copyright held by our faculty, staff and students. University Policy 84 – Copyright Policy, shall be applied with regard to Content created and/or owned by University faculty, staff and students.

VI. RETENTION

Video Capture Content shall be maintained and retained pursuant to University Policy 97 – Data Security and Stewardship, University Policy 108 - Records Retention and Disposition, and University Policy 117 – Information Security Policy.

VII. RELATED POLICIES AND RESOURCES

University Policy 72 – Family Educational Rights and Privacy (FERPA or Buckley Amendment)

University Policy 84 – Copyright Policy

University Policy 97 – Data Security and Stewardship

Data Handling Procedures Related to the Data Security and Stewardship Policy

University Policy 101 – Installation and Use of Video Cameras for Non-Academic Purposes

University Policy 106 – Identity Theft Protection Program

University Policy 108 – Records Retention and Disposition

University Policy 117 – Information Security Policy

Forms:

Privacy Waiver and Release Form [1]

FERPA Release (from Registrar Office)

[1] The Privacy Waiver and Release Form shall be maintained by the entity who issued it to a signor.

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