TSTC Recording Standard

To guide how recordings are created, used, and stored in ways that protect privacy, intellectual property, and comply with laws such as FERPA, HIPAA, and TAC 202.

TSTC Recording Standard

 

Objective: This Standard establishes guidelines for the audio or video recording or transcribing of any meetings, lectures, and other communications at TSTC. The aim is to ensure that recordings are made, retained, accessed, and disposed of in a manner that protects privacy, intellectual property, and security, while also complying with applicable laws and regulations. 

Effective Date: This Standard is effective as of DATE. For any recordings created prior to the effective date,  the person possessing the recording is hereby designated as the Recording Custodian, and such Recording Custodian shall follow the storage process below.

Scope: This Standard applies to all TSTC full and part-time employees, contractors, paid or unpaid interns, contingent workers, third-party vendors, and users of state networks. This Standard does not apply to TSTC Police Department in the performance of Law Enforcement duties, including safety, security and surveillance recordings.

Definitions:

1. Meeting: any formal or informal gathering, virtually or in-person, where two or more individuals communicate with the purpose of (i) sharing or discussing Public Information (as defined in section 552.002 of the Texas Government Code), or (ii) discussing topics, making decisions, collaborating on projects, or providing support relating to TSTC business. This includes, but is not limited to, discussions, presentations, or other proceedings, academic meetings such as classes, labs, or clinicals; administrative meetings such as departmental, committee, and staff meetings; student organization meetings; advisor-student consultations; office hours with faculty; virtual meetings conducted through video conferencing tools; and any impromptu or scheduled interactions that facilitate the exchange of ideas or information among or between employees, students, third-parties, or any person conducting the business of TSTC.

 

2. Recording: The audio, video, or transcription capture of any meeting or portion of any Meeting, whether by AI or other technology. This includes but is not limited to, digital recordings made with smartphones, cameras, audio recorders, computers, or any other electronic devices capable of preserving the content of the interaction for later review or distribution. Recording can also encompass screen capturing virtual meetings or transcribing a meeting word-for-word. Recording does not include the act of taking handwritten or typed notes during a meeting.

 

3. Protected Information: Any information that is classified as confidential or sensitive, including but not limited to, personal data, financial information, research and development knowledge, know-how, marketing information, intellectual property, trade secrets, proprietary information and research, student records protected under FERPA (Family Educational Rights and Privacy Act), PFI (Personal Financial Information), PHI (Personal Health Information (HIPAA)), SPI (Sensitive Personal Information), PII (Personally Identifiable Information), and any information that is specified in SOS GA 5.1.6 - Data Classification and Handling Standard. 

 

4. Recording Custodian: TSTC full and part-time employees, contractors, paid or unpaid interns, contingent workers, third-party vendors, and users of state networks who create recordings of meetings as defined by this Standard.

5. Records Retention Schedule: TSTC maintains a Records Management System in compliance with Texas Government Code 441 that outlines the timelines for maintenance of TSTC’s records. TSTC’s Records Management System covers any written, photographic, machine-readable, or other recorded information created or received by or on behalf of TSTC that documents activities in the conduct of TSTC business or use of Public resources. Recordings made under this Standard must be maintained according to the Records Retention Schedule as found on the TSTC Portal.

 

General Rule: No person shall use AI or any other audio or video recording or transcribing technology to create a Recording of any Meeting held by the college, including but not limited to academic, administrative, and internal meetings.

This prohibition applies to all forms of recording, including but not limited to digital, analog, and cloud-based recording technologies.

Exceptions: The only approved exceptions to the General Rule are outlined below. Approved exceptions must comply with applicable laws and regulations regarding privacy and data protection.

Notwithstanding any exception to the General Rule, no person shall record any Meeting (i) with the TSTC Office of General Counsel, outside counsel, or the Office of the Attorney General; (ii) involving Protected Information except when recorded pursuant to Exception 9 below; or (iii) involving Protected Information that is protected by an active Non-Disclosure Agreement if prohibited by the terms of the Non-Disclosure Agreement.

The General Rule does not apply to the following recording exceptions:

Approval should be obtained in writing before the recording is made and attached to the TSTC Meeting Recording Exception Report.

1. Training Sessions: Recordings made for the purpose of replaying training sessions, workshops, instruction, demonstrations, or similar items.

2. Accommodations for Disabilities: Recordings made as a reasonable accommodation for individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and other applicable laws. Such accommodations must be coordinated through TSTC’s Office of Human Resources Access and Learning Accommodations.

3. Human Note Taking: Recordings made for the purpose of the Recording Custodian creating an official record (notes, minutes, etc.) from re-watching the recording. Under this exception, the official record will be stored pursuant to the Records Retention Schedule, and the original recording must be deleted upon the creation of the official record. 

4. Viewing Missed Meetings: Recordings made for the purpose of later viewing of the meeting by a team member who was unable to attend. The absent team member must view the recording within 30 days of creation, and the original recording must be deleted after this viewing.

5. Board of Regents: Recordings made of public meetings of the Board of Regents or any other meeting that the Board of Regents requests be recorded. 

6. Public Meetings: Recordings made of public hearings, gatherings, meetings, town halls, panels, or ceremonies, including graduation.

7. Emergencies: Recordings made for the purpose of aiding Law Enforcement or campus safety during an emergency incident or an incident where urgency necessitates immediate recording. For example, recording a vehicle involved in a hit and run on campus or if there is a danger to person or property.

8. Mutual Recording: Recordings made in an event where a third party is recording, with or without consent of TSTC.

9. Other: Recordings made with approval by the Chancellor, the appropriate Vice Chancellor, or the Office of General Counsel..

10. Exceptions required by law: Recordings otherwise required by law shall always be permitted.

Permitted Applications: When an exception is present, the following applications are permitted for use:

1. Google;

2. Zoom;

3. Webex;

4. Microsoft Teams;

5. Snipping Tool (built into WindowsOS) ;

6. Capture (built into MacOS); or

7. Any other application approved in writing by the Vice Chancellor for Information Technology.

Process for Recording: When an exception is present, the Recording Custodian who records a meeting shall ensure the following process is followed:

1. Consent: The Recording Custodian shall inform all parties in the meeting either in writing or verbally on the recorded meeting prior to the meeting commencing. Failure to have written or recorded consent as required does not create a presumption that the recording was without consent and does not necessarily require exclusion of the recording from any evidentiary hearing.

2. Review: Immediately after the meeting concludes, the Recording Custodian shall review the recording for completeness and accuracy.

3. Storage: The Recording Custodian shall:

   1. Complete the TSTC Meeting Recording Exception Report (“Exception Report”).

   2. Store the recording in a folder on the Recording Custodian’s Google Drive or other approved storage location, and include the recording file and the completed Exception Report.

   3. Create a shortcut that links the Recording Custodian’s Google Drive Folder to the TSTC-Recording Records Folder shared drive.

   4. The Recording file and folder should be labeled as follows:

1. nameofmeeting-date-name of Recording Custodian (For example: teamtouchbase-9.6.24-amandamilam)

4. Third-party recordings: If a third party requests to record a meeting, the Recording Custodian is permitted to consent to the recording and is also permitted to decline to consent based on his or her best judgment. The Recording Custodian is not obligated to (but is permitted to) obtain a copy of the third-party’s recording, and if it is obtained, the procedure under this section is to be followed.

5. Enforcement:

   1. Any person found to be in violation of this policy may be subject to disciplinary action in accordance with SOS HR 2.4.1 EMPLOYEE CORRECTIVE ACTION.

   2. Disciplinary actions may include, but are not limited to, warnings, suspension, or expulsion for students, and appropriate sanctions for faculty and staff up to and including termination.

   3. Suspected violations of this policy should be reported to Human Resources or Student Services.