Recording School Videos: Why It Could Be Considered a Crime

Is Recording Videos in School a Criminal Offense?

Recording videos in school can constitute a criminal offense, alongside potentially leading to disciplinary measures against the student making the recordings.
The situation becomes even more serious when the multimedia content recorded on school premises is subsequently posted and shared on social media platforms.

This was the case for a student from a comprehensive school in the province of Rome, who faced a disciplinary council meeting after recording a video at school and uploading it to TikTok.
The incident gained national attention when the teachers involved were assaulted by the student’s parent, who also verbally attacked the school principal.

In light of these recent events, it is crucial to delve into why recording videos in school is prohibited, when it constitutes a crime, and what the possible consequences are.

The Legal Framework and Consequences

The Italian Supreme Court has established that recording videos in a school setting could lead to criminal charges beyond just disciplinary actions.
The General Data Protection Regulation (GDPR- EU Regulation 679/16), implemented in Italy through legislative decree n.101/2018 and law 71/2017, explicitly prohibits personal image dissemination without consent to preserve individual privacy.

The Supreme Court’s ruling reaffirms this stance by referencing the Penal Code (articles 179bis and 179ter), emphasizing that anyone who records a private conversation without consent breaches the law and may face penalties.
Consequently, any student violating school regulations by recording videos can face both legal repercussions and institutional sanctions, especially if such content is shared publicly.

It is important to remember that cell phones are banned in schools, particularly in primary and first-level secondary schools.
With the upcoming school year 2024/2025, new guidelines established by Minister Valditara further tighten these regulations on conduct and smartphone usage.

Permissible Video Recording in Schools

Students may record videos in schools strictly for educational purposes.
However, simply stating an educational intent does not exempt one from the prohibition; consent from the teacher is required, or the school’s regulations must allow it.
Even if a student receives authorization to record lessons, such videos should remain private and cannot be published or shared online, adhering to privacy norms and previously mentioned regulations.

According to the FAQs provided by the Data Protection Authority, it is the responsibility of educational institutions to regulate smartphone use within classrooms.
Even when smartphones are permitted for recording images or conversations, they must only be used for personal reasons and must respect the rights of all individuals involved.