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Section_7_Privacy_-_Guidelines.txt
Privacy and let the flames begin and part iiConsent 7.4.1 When contributors give informed consent to take part in BBC output, they can be assumed to have waived their expectations of privacy in relation to their contribution, subject to any agreed conditions placed on their participation. (See Section 6 Fairness: 6.4.1-6.4.5) 7.4.2 Content producers should operate openly where there is a risk of infringing people's privacy, unless secret recording has been approved. This is important when using inconspicuous recording devices or live streaming. Where practicable, notices should be used to make people aware of recording or live streaming and to enable them to avoid it. (See 7.4.40-7.4.41) 7.4.3 When filming openly in places accessible to the public, consent is not normally required from individuals who are incidentally caught on camera as part of the general scene, unless they are engaged in an activity where they have a legitimate expectation of privacy that is not outweighed by a public interest in showing them. However, if content makers are asked to stop filming or recording by individuals or an organisation because of a concern about privacy, they must decide if it is justified in the public interest to continue. If content producers are contacted by someone immediately after filming has taken place with a request not to show them, and their request for privacy is warranted, it should be carefully considered. 7.4.4 Two separate consents should normally be obtained in potentially sensitive places, for example, ambulances, hospitals, schools, prisons or police stations; one for gathering the material and the other for broadcasting it, unless it is justified not to obtain such consents. (See guidance: Filming in Medical Emergencies) 7.4.5 Content makers should take responsibility for ensuring consent has been obtained where necessary. It may sometimes be appropriate to ask third parties to assist with seeking consent, but responsibility still rests with the BBC. 7.4.6 Consent should normally be obtained before recording on private property. However, recording without prior permission may be justified on private property where the public has general access, for example, on public transport, or in a shopping mall, railway station or airport. It may also be justified where there is reason to believe the recording will aid the exposure of illegal or anti-social behaviour or is otherwise justified in the public interest. When recording without prior consent on private property, if the owner, legal occupier or person acting with their authority asks for the recording to stop, content makers should normally do so unless it is justified in the public interest to continue. Content makers should be aware of the law of trespass and should normally leave private property when asked to do so by the legal occupier. Accessing private property without consent can constitute a civil wrong, but is not usually a police matter. Consideration should be given as to whether there is a justification for publishing information that may reveal the precise location of an identifiable person's home or family. 7.4.7 When filming, content makers should be aware of the risk of inadvertently capturing private information without consent, such as on written records, on computer screens or inside offices. Children, Young People and Vulnerable Contributors 7.4.8 When children feature in output in a way that potentially infringes their legitimate expectation of privacy, content makers should have the informed consent of a parent, legal guardian or other adult who is acting in loco parentis. They should normally also establish the child's willingness to participate where appropriate. Content makers may also need to obtain the informed consent of a responsible adult when considering featuring a vulnerable person in output. There may be additional legal considerations about children or vulnerable people and advice can be sought from Programme Legal Advice. Children do not lose their right to privacy because, for example, of the fame or notoriety of their parents or because of events in their schools. (See Section 9 Children and Young People as Contributors: 9.4.1-9.4.9) (See guidance: Working with Children and Young People as Contributors; and Working with Contributors including Vulnerable Contributors or Contributors at Risk of Vulnerability) Third Parties 7.4.9 The privacy of an individual may be infringed by content that reveals private personal information about them, even if they are not contributing to the output or directly included in it. This may include information that someone is under police or regulatory investigation as well as personal testimony about a third party. When such information is not already in the public domain the public interest should outweigh any legitimate expectation of privacy. Individuals are entitled to recount their own experiences; however, the privacy implications for any third parties they may refer to should be assessed. (See 7.4.58-7.4.63) (See Section 8 Crime and Anti-Social Behaviour: 8.4.12) Material from Social Media 7.4.10 When video and images from social media and other websites accessible to the public are used by the BBC, they may gain greater authority than on other digital platforms. Content makers should consider the privacy of those featured, particularly where they did not make or publish the material. It may also be necessary to seek further consent. Re-use may have an impact on those involved, particularly when in connection with tragic, humiliating or distressing events. Where content features individuals who have openly posted material about themselves on social media, their legitimate expectation of privacy may be reduced. This is particularly the case where an individual has shown an understanding of the impact that posting on social media may have on their own privacy, or where privacy settings have not been used. This may not apply to other individuals who appear in that content, particularly if they are children. Copyright must also be considered. Within the BBC, advice is available from Intellectual Property. Independent production companies are responsible for any copyright issues in the content they make for the BBC. (See guidance: User-Generated Contributions)
