Can I be videotaped without my knowledge?

Can I be videotaped without my knowledge? I attended a 3-hour tech instruction meeting and the guest speaker at one point said "ok, recording," She never said attendees would be videotaped. I just saw the session, put on the company intranet for access by all. I was smack dab in the middle, the camera pointed where I sat. I am morbidly obese (well put together, dress well, etc) and use a cane for an unrelated spine condition which makes it difficult to sit or stand from sitting for hours. I have been the butt of jokes and insults (some overheard, some directly to me) and I am beside myself. I am in Chicago where recording someone without their permission is illegal. I read that for some circumstances it is okay. However, the TRAINER was NOT in any moment of the video, just her voice. I know it might cause problems, but I think it should be cropped so only the contents of her laptop with the instructional content in the video. I am humiliated! I don't know what to do, but this feels like a bridge too far and I have to say something. What should I do? Do I have any rights here?

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34 Comments

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  1. Anonymous

    Obviously you CAN be videotaped without your knowledge or permission. Whether it's legal or ethical is a different matter.

    I once taught a course that people were flying into the country to take. The day before the class started, the coordinator said she wanted to video tape the class. I said "no". It wasn't fair to have people pay, travel, and show up, then be told about the videotaping. (In addition, I was aware that some of them were coming from countries where it wouldn't be legal.) The coordinator complained, but luckily my boss backed me up. The class was not taped.

  2. Anonymous

    Allowing illegal entry to the country to attend your work sponsored class though is acceptable??!!!

  3. Anonymous

    They mean the attendees were coming from countries where it may be illegal to record people (e.g., because of EU privacy laws).

  4. Mary Pool

    The problem is you knew you were being recorded once she said, "ok recording." At that point in time, you could have said I don't consent to being recorded or asked for clarification of what was and who was being recorded. Since you didn't, I don't think you have a case, but an attorney would know for sure. It is okay to ask for the recording to be removed or to be edited out. The best case is they do it; the worse is they say no. If I were your company, I'd edit you out to avoid any litigation.

  5. Tia Vick

    I would have said this however many women are meek and timid in these situations. Typically the protocol for recording is discussed prior to the event. If this how they conduct business i would be skeptical and definitely address it with HR.

  6. Anonymous

    I'm so sorry you're going through this. Try speaking to your HR team and feel free to point out that (if applicable) you've never provided them with a photo/video release so that they could use your image (these apply to either internal or public recordings). The impact this has had on you should be reasoning enough to accommodate you but citing a lack of release form may also strengthen your request. Good luck!

  7. Anonymous

    Message the trainer or whomever posted it, and asked for it to be taken down. State that you did not give consent for your likeness to be used online or publicly. You may have been 'informed' about the recording without your direct knowledge, for example, when you signed up for the training, it could have been in the T&Cs (who reads those?) or before you entered the room, there may have been a sign stating recording was going to happen. Either way, you still get to say what happens with your image. Ask the trainer/poster to remove it or take you out of it because you do not consent to your likeness being posted publicly.

  8. Katherine Metres Akbar, Interview Coach & Resume Expert

    Yes, you have rights--as you pointed out, their conduct was illegal. I would go to HR and let them gently know that you did not give and do not give your permission for your likeness to be used in the video. You should also alert them to the verbal abuse if it happened at work. Please never internalize other people's ugliness though. You are a beautiful person. Best wishes.

  9. Danielle

    I’ve been recorded before without my consent in the moment. You might have signed something when you started your employment. As for the jokes, that is not okay and should be reported to HR immediately. I’m sorry you had to deal with that.

  10. Audrey Kirsch

    H

  11. Audrey Kirsch

    Having the recording taken down won’t accomplish much. The damage has been done and you are now in a hostile work environment which is something that needs to be addressed immediately. HR and/or the trainer have a responsibility to shut down the negative comments and at the very least owe you a well deserved apology. But first you need to let them know exactly what is going on and how it makes you feel.

  12. Anonymous

    Zero damage was done by the video. The video has not created a hostile work environment. Previous comments create a hostile work environment & should have been addressed before this.

  13. Anonymous

    There is no damage. Just self esteem problems, which you need to work on. Get over it!

  14. Anonymous

    Seriously? There are cameras everywhere. You have to expect, when you are out in public, that you may be on camera.

  15. Anonymous

    They were not in a public space, they were in a work place which is defined as a private space. There is a difference between legal expectations of privacy between public and private spaces as well as legal requirements to obtain permission to use someone’s image. Seriously, it’s the law.

  16. Suzanne Kennedy, Ph.D.

    Why were they using video when it was not used for any of the instructional content or the instructor? They should use only the audio file for sharing and remove the video. It is easily done.

    I would be mortified if I was the center of attention of a 3-hour tech training video used for the entire company too. You didn't give permission for that.

    Definitely talk with HR about this because I would bet that not asking permission verbally (no advance consent) was a mistake and if the trainer had asked, you at least would have had a chance to move seats. I would also talk to the guest speaker so that they can be aware in the future to be more careful of others' privacy.

  17. Anonymous

    Update: There were 3 sessions and 3 separate videos. The camera was on only in the one where I was in the room. It was turned off during the other two.

  18. Anonymous

    Ohhh this makes it so much worse. I’m so sorry. Correct me if I’m wrong, it doesn’t sound like the video shows you or others performing tasks with enough detail that it would aid someone who was unable to attend a live session? Even if so, I think you would be well within your rights to request that the video be replaced with one that you’re not in. If it were critical to have the participants recorded for training/demonstration purposes they should have asked for volunteers to sit a specific session. And if it’s still critical they can run another session explicitly for that purpose.

  19. Molly F

    It sounds to me like someone was in the back of the room or to the side & recorded the presenters screen being projected. You can see the OP from behind, in the middle of the video. So it's the presenter's voice doing the training & her screen that was being projected. I've seen many recordings of trainings like this.

  20. Molly F

    So they recorded one session. This is typical. I train for a living & will often record one session for folks who were not able to attend any of the live sessions. Was this an internal trainer or someone they brought in?

  21. Whitney Osei-Akintaju

    I know a lot of people are saying "talk to HR" but remember that HR has the best interests of the company at heart. Their only concern would be protecting the company legally.

  22. Anonymous

    I would first check your employee handbook and see what you signed off on first when onboarded. You may have consented and didn't notice it. As for the horrible actions by others, that it is harassment, document when it happened, where and who was there. Take that to your leadership and if they don't look into it take it to your legal department with when you asked your leadership to look into it. I would also suggest following up on that ask with your leader thanking them for the conversation and for looking into the concerns of harassment. Now, the video, really, check what you consented to in your hiring paperwork, you may not have a case, BUT you have a case with the alleged harassment.

  23. Bradford McCormick

    Illegal whatever. If you have a problem do you want to reach into your bank account and hire a lawyer and maybe not win the case?

    I have a very simple and cynical attitude: Always behave as if you (or at least me if not thee) were being watched because you may be ["Hi, CIA agents, how are you doing this morning...."]. How can you go wrong with that?

  24. Brianna Richardson

    Depending on the size of the group and need for others who may miss the information to see it; they would usually give you time and notice that they are recording and for what purpose so that you have the time and option to cut off your camera. It appears that was the purpose of this and either she gave more information before you joined or just failed to slow down and make sure everyone understood. Either way, if you can, reach out to the trainer and/or your manager and ask that the video be taken down immediately and cropped differently due to your experience. If they are not empathetic to how you feel, then either give them another reminder or ask for a timeline as this is distressing for you. 24 hours is too long, and it should become IT's or top task. Only if they are dragging 1-2 days, would I escalate to HR. It really depends on your HR person - All HR is not just about protecting the company only and truly do want to help employees as well. I'm sorry this is a bad experience for you, assuming there was no harmful intent, it could and should be handled quickly by the company.

  25. Valerie Rieger

    One of the documents that we have new employees sign is a photo release that allows us to use their image and/or voice, including videotaping. You may want to review your HR file to determine if you have signed a release.

  26. BN

    There is normally a pop up during video calls where it indicates recording and that staying on the call you consent to being recorded. If the instructor is internal, I would ask if it's possible to remove the viewer screen (honestly this may be a big ask and a lot of work depending on how the recording as was done). I think you need to speak with your HR about comments made due to weight and medical condition. This is the issue at heart. This isn't about not liking the way you look on camera. It's about being demeaned in the workplace. On a personal note, as someone who has an obese spouse and as someone who has gained a tremendous amount of weight since the pandemic myself, I can tell you the best way to deal with mean comments about your weight is to joke about it head on eg"It's hard to be a supermodel, so I retired and took a job here " I once overhead my husband tell his friend he lifts weights everyday, and then he motioned to this body and challenged thats he lifts more than this buff guy everyday and for much longer.

  27. Jimi Thompson

    Paragraph 2 is most rational in my opinion.

  28. Anonymous

    I don't see where you have a case here. They're recording the screen & you happen to appear as they're recording it, correct? You are not actively participating. It's simply you from behind. She said recording. All you can do is be asked to be cropped from the video. I don't think they are obligated to do so.

  29. Jimi Thompson

    Absolutely.

    The video holds no legal power, but you do!

    If you are uncomfortable with your visual involvement in said video, especially without signing anything, i would more or less assume they would HAVE to respect your request, especially since it is rooted in the self,let alone the most vulnerable self, and affects nobody else negatively.

    Hope all goes well, we are all in this together!

  30. J B

    Your colleagues lack emotional maturity. You are amazing - keep repeating that to yourself.

  31. Anonymous

    I am so sorry this happened to you. I completely understand. For one your coworkers sound like childish jerks. I know its hard to not be upset. I'm not sure what you can do. Hopefully someone can give sound advice for you. We live in a crappy world right now. Jobs seem to be like this everywhere. Don't let them get to you. They have their own issues to make fun of someone else.

  32. Anonymous

    It would depend on your state and their laws as to whether it is illegal. Since the notice popped up and you didn't speak up about it, it probably would be construed as acceptance.

    You do have aright to ask that video be turned off while recording the training session so the full screen will be focused on the content. We always shut off the video section when recording - one it is not needed, second depending on everyone's locations (remote and stability of internet) it can affect buffering. we also deal with Europe and I guarantee you if one person over there says not, the recording even of the voice will stop immediately with zero reprecussions. so far, no one has objected as far as I know, but again we do turn off the videos of the participants.

    There are times I get frustrated with all of the rules in Europe, but I will have to say one thing is they have taught us in the US about privacy, respecting others and ourselves especially around disconnecting after hours and using our days off to their fullest..

  33. Jessica Mezzetti

    When someone insults me, I just insult them back.

  34. Jessica Mezzetti

    For example, I get a lot of comments from people about not being married. So then I say what husband are you on now? 4?

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