Lecture capture use has increased in recent years. Research shows that staff and students view capture differently, but their views on the practice of opting-in and out has not been investigated previously, even though this element of practice can be specified in institutional policy and governance. Focus groups revealed that staff were unclear on issues around consent and both groups i) felt staff should determine whether to capture their lectures, although students felt opting-out should require approval from senior staff and ii) recognised the need to communicate in advance about capture provision. Survey data showed the two groups differed in policy preference, with student's preferring Opt-out and staff wanting Opt-in, and in terms of whether approval should be needed to opt-out. However, there were similarities with both groups believing impact on lecture content was the most acceptable reason to opt-out and, if approval was needed, that this should be at the department level. While significant differences exist in how staff and students perceive opting in and out of capture, there is common ground which should inform the wider debate around the use of lecture capture. Furthermore, the current research identifies key issues on which staff and students should be consulted when introducing lecture capture such as consent and reasoning for use or non-use. Consultation on these topics may result in a policy more appealing to both groups.