Should you Video or Audio Record a Board Meeting?

technology

Technology Should you Video or Audio Record a Board Meeting?

Published: January 20, 2025
Read Time: 6 minutes

Cats using a camera to record a meeting

The rising trend of virtual meetings has made it clear that there are benefits to using technological tools such as video recordings to record board proceedings in the not-for-profit sector and in companies. With the rise of AI there is an even greater increase in meetings being recorded with a wide range of tools.

Not only recording a meeting support directors and committee members in maintaining records of meetings and preserving a historical account of important decisions, but video and audio recordings are helpful to individuals (and AIs) who prepare minutes.

In Australia, record keeping rules tend to contradict each other when it comes to board meeting recordings. There are a few downsides and legal risks to using recording devices and software to record and preserve board and committee meeting discussions.

What are the benefits of recording a board meeting?

Meeting recordings can help ensure note-taking accuracy and keep directors accountable for their statements and decisions. They can help organisations maintain transparency within committee or board. In addition, recordings could potentially be used to resolve disputes about agreements and interpretations.

They may complement written meeting minutes during complex decision-making processes and keep absent members up to date on the progress of projects and issues. In addition, recordings could potentially be used to help train or onboard new board members.

What The Law Says

The Corporations Act 2001 requires that companies use meeting minutes to record board and committee proceedings and resolutions. After minutes are written, they must be signed by the board chair and can become evidence of what took place.

The Act demonstrates that minutes are a record of board meetings, but do not need to constitute a full transcript or detailed report of discussions and debates between directors. The law does not require a high level of detail, which would undoubtedly create disadvantages for organisations and companies.

Disadvantages of Verbatim or Highly Detailed Records

Steven Cole, Managing Director of Cole Corporate, says that “minutes are not intended to be a transcript of what happens during the meeting,” and verbatim-style recordings can create several legal and operational challenges for a board.

These challenges include:

  • Inhibiting open and frank discussions due to anxiety about having everything you say written down.
  • Stifling constructive debates or reasonable challenges on substantive issues.
  • Encouraging dominant directors to speak when they have nothing to say, just to give an appearance of being “active and engaged”.
  • Becoming a potentially dangerous record of insignificant aspects of the work used as evidence in litigation proceedings.
  • Encouraging nitpicking and time-wasting on matters of little consequence to the organisation.

Other disadvantages include potential privacy breaches, legal liability due to the need to obtain consent from all participants, technical challenges such as ensuring the quality of the audio, and costs related to recording equipment. Ultimately, says journalist Zilla Efrat, recordings open the door to longer, more detailed record-keeping and unintended use of recordings.

Privacy Risks and Meeting Recordings

Australia’s current privacy laws raise questions about the retention and destruction of personal information collected during board meetings. Under the State Records Act of South New South Wales, for example, public sector agencies must not keep recordings longer than necessary and only for the purpose for which it is being used.

Information should be disposed of after the retention period and measures must be taken to safeguard people’s privacy, and councils are expected to develop clear rules around the purpose of the recordings. Checking minute accuracy is an acceptable reason for recording the meetings, though recordings may not be disclosed unless requested for a Court proceeding.

“Voice and video recordings used to prepare for meetings and produce council and committee minutes are permitted (but not required) to be destroyed three months after the action was completed,” according to the Act. Organisations must therefore be aware of privacy and freedom of information laws that apply to their territory and the work they do.

Gaps in Existing Laws

Some legal advisors note that the laws governing meeting records were designed for in-person meetings. However, the 2020 pandemic crisis has led to a shift in the way bodies corporate hold meetings and created a need for virtual note-taking. The definition of ‘records’ is also broad, and it is still unclear if video or audio recordings can be taken during virtual (and in-person) meetings.

Existing laws on privacy sometimes mention recordings, but may conflict with other regulations or laws. For example, in Queensland’s Invasion of Privacy Act 1971, “a committee is not obliged to record its meetings” and can refuse to allow anyone in attendance to record it.

In Western Australia, Regulation 14I of the Administration Regulations requires local governments to record and keep video recordings of their council meetings for up to 5 years, and to publish them on their website, except for confidential matters. These inconsistencies demonstrate key differences in the way video recordings of board or committee meetings can be managed.

Frequently Asked Questions

Can video recordings replace meeting minutes?

According to Chris Borthwick, Institute of Community Directors (ICD), a video recording may not replace the meeting minutes. Minutes are only considered as a record of the board’s decisions.

.Yet, many other things are covered in video recordings, including small talk about the weather and, as Borthwick puts it, 'the quality of the ginger biscuits', all details that must be set aside by the minute taker. In addition, reviewing hours of recordings would be impractical when compared to reading a synopsis of the key points in the meeting minutes, two very different approaches to record keeping.

Who can request access to meeting recordings?

The ICD notes that rules around requesting access to board meeting records vary depending on the jurisdiction. For example, in Victoria, Australia, members can request to inspect the register of members, the minutes of general meetings, and the financial records, books, and committee minutes of an organisation.

Board directors and committee members have the option to refuse a request to inspect the records if they have concerns about confidentiality or other employee, commercial, or legal matters. However, meeting minutes serve as a legal record of what occurs in a board meeting and can be admissible as evidence during court proceedings.

Is consent needed before recording a board meeting?

Yes, failing to obtain consent before recording a virtual meeting can be viewed as a breach of trust and affect workplace collaborations. As a best practice, it is best to obtain consent from all the participants and inform them about why you plan to record the meeting.

What are the best practices for recording meetings?

If your board of directors chooses to record meetings, the ICD recommends the following best practices:

First, get consent from all meeting participants before pressing record.

Second, document consent in the meeting minutes.

Third, use high-quality, reliable recording equipment or software to ensure the recording is usable and recordings can be understood.

Fourth, set guidelines in advance for how to proceed with recording a meeting, and for using, storing, and accessing the recordings later.

Fifth, share the recording guidelines with all directors.

And lastly, set aside a secure storage location for keeping the recordings, avoiding unauthorised access or improper sharing of the audio or videos.

Additional Resources

Good Governance Guide

Minutes

Director’s Meetings: Legal Requirements

ORIC Fact Sheet: Meetings for Directors

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