If I record a class lecture or discussion, and it includes student participation (identifying information such as name, image, or voice), can I share the recording with individuals who are not enrolled in the course?

To share recordings of class sessions that include student participation with individuals not enrolled in the course (e.g., future courses, prospective students, audiences outside of Berkeley), instructors must provide notice in the syllabus prior to semester start regarding the recording and sharing of classroom lectures and discussion sections and receive written consent from students via a form/survey sent to all class enrollments asking them to opt in/opt out.  In accordance with FERPA requirements, students must be provided with the opportunity to consent or to withhold their consent to the sharing of their identifying information (name, image, voice) with other individuals not enrolled in the recorded course.  The consent language should describe with whom the recordings will be shared and the purpose of sharing the recordings.

Additionally, students should be verbally reminded prior to each class session that the lecture/discussion section will be recorded and may be shared with individuals outside of the course. For remote students that opted out, they should be encouraged to mute their audio and turn off their video.

For students that do not consent, the recordings should be edited to de-identify the students prior to sharing the recording, which can include avoiding or removing any mention of the student’s name, removing or blurring the student’s image, and altering voice recordings.

As a best practice, it is recommended that instructors only provide recordings of synchronous lectures to students who are enrolled in the same class. For lectures that will be used across semesters, it is recommended that instructors develop asynchronous lectures that do not include students from any class.

Instructors are also advised to make sure that videos are closed captioned by DSP if students (including auditors) in their classes have this accommodation or they wish to post videos in public forums. For further details on ADA compliance of video recordings please see https://dac.berkeley.edu/events/planning-accessible-events/ada-compliant-remote-events-and-recordings