Section 7: Privacy - Mandatory Referrals

Section 7.2

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Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

7.2.1 Any proposal to gather material illegally outside the UK by disregarding privacy or other similar laws in the relevant country must be referred to Director Editorial Policy and Standards. Programme Legal Advice must also be consulted.

(See 7.3.12)

7.2.2 Any proposal to use secret recordings made by others must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, by the commissioning editor. If the BBC would not have considered it justifiable to gather the material under similar circumstances, the proposal must be referred to Director Editorial Policy and Standards.

(See 7.3.21)

7.2.3 Any proposal to broadcast, without consent, recordings originally made for note-taking purposes must be agreed by Director Editorial Policy and Standards. Permission to broadcast material gathered in this way will only be granted in exceptional circumstances.

(See 7.3.23)

7.2.4 Any proposal to equip third parties with body-worn cameras and microphones where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission, must be referred in advance to Director Editorial Policy and Standards.

(See 7.3.24)

7.2.5 Any proposal for unmonitored recording equipment on private property without consent of the occupier must be referred to Programme Legal Advice and Director Editorial Policy and Standards.

(See 7.3.26)

7.2.6 Any proposal to use a tracking device where it would infringe the privacy of an individual must be referred to Director Editorial Policy and Standards.

(See 7.3.27)

7.2.7 Any proposal for a private investigator acting for the BBC to breach the Editorial Guidelines or, exceptionally, to break the law in pursuit of an investigation must be approved in advance by a senior editorial figure, who must consult Director Editorial Policy and Standards prior to approval andProgramme Legal Advice must also be consulted where it is believed laws may be broken.

(See 7.3.34)

7.2.8 Any proposal to secretly record a doorstep must be agreed with Director Editorial Policy and Standards. Permission to gather material in this way will only be granted in very exceptional circumstances and must be in the public interest.

(See 7.3.38)

Other Referrals

7.2.9 Any proposal to carry out secret recording, other than for note-taking purposes, must be referred to Editorial Policy prior to approval by the relevant senior editorial figure in the division or, for independent production companies, by the commissioning editor.

(See 7.3.12)

7.2.10 Any deception required to obtain secretly recorded material (beyond the concealing of recording equipment) should be the minimum necessary and proportionate to the subject matter and must be referred to the relevant senior editorial figure or, for independent production companies, to the commissioning editor.

(See 7.3.12)

7.2.11 Any proposal to identify individuals or organisations secretly recorded for consumer, scientific or social research without their consent must be referred to Editorial Policy who will consider the public interest in identification and the BBC’s fairness obligations.

(See 7.3.16)

7.2.12 Any proposal to feature identifiable people in a live broadcast for comedy or entertainment without their knowledge, whether in person or on the phone, must be referred to Editorial Policy at the outset.

(See 7.3.20)

7.2.13 Any proposal to gather material using a drone must be referred to a senior editorial figure or, for independent production companies, the commissioning editor.

(See 7.3.25)

7.2.14 Any proposal to transmit a live stream without alerting those who may be shown in the broadcast must be referred to Editorial Policy.

(See 7.3.32)

7.2.15 Any proposal to use a private investigator must be approved by a senior editorial figure who may consult Director Editorial Policy and Standards before going ahead.

(See 7.3.34)

7.2.16 Any proposal to doorstep, whether in person or on the phone, where we have tried to make an appointment for an interview with the individual or organisation concerned must be approved by a senior editorial figure or, for independent production companies, by the commissioning editor.

(See 7.3.36)

7.2.17 Any proposal to doorstep an individual or organisation, whether in person or on the phone, where we have not previously tried to make an appointment for an interview, must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, the commissioning editor and a written record of the decision kept. This does not apply to the legitimate gathering of material for the daily news agenda.

(See 7.3.37)

7.2.18 Any proposal to doorstep, whether in person or on the phone, for comedy and entertainment purposes should normally be approved in advance by a senior editorial figure or, for independent production companies, by the commissioning editor. Editorial Policy should also be consulted.

(See 7.3.39)

7.2.19 Any request by a public authority for a contributor’s personal information must be referred to Editorial Policy and Programme Legal Advice before responding.

(See 7.3.50)

7.2.20 Any proposal to collect personal information on a BBC Public Service website which might be disclosed to third parties, including BBC Commercial Services, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may wish to consult Information Rights and BBC Fair Trading.

(See 7.3.51)

7.2.21 Any proposal to reveal an under-18’s personal information to a third party without their consent must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy, Child Protection and Safeguarding, and Information Rights.

(See 7.3.52)


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