| It comes as no surprise to many that the UK has | | | | CCTV to monitor the actions of employees has |
| more CCTV cameras per person than anywhere else | | | | potential implications in respect of the Data |
| in the world; leading human rights lawyers to warn | | | | Protection Act and the Human Rights Act 1998 |
| that their almost constant use in our everyday lives | | | | (HRA). If the surveillance is excessive, the implications |
| raises data protection and wider privacy concerns, | | | | may vary depending on whether the employer is a |
| since they can be used in an intrusive way. | | | | public or private body or individual. |
| But what are the limits? At the workplace, employers | | | | If the employer is a private organisation or company, |
| are permitted to monitor workers in so far as it is | | | | then direct reliance on HRA is not possible. |
| necessary and proportionate to the management's | | | | Nevertheless, all contracts of employment contain an |
| reasons. CCTV monitoring is often undertaken for | | | | implied term that employers will not - without |
| security reasons and is thus widely viewed as | | | | reasonable and proper cause - conduct themselves in |
| reasonable. It follows that employees naturally inspire | | | | a manner likely to destroy or seriously damage the |
| reassurance from their respective employers that | | | | relationship of trust between themselves and |
| they are using CCTV responsibly. | | | | employees. Yet, it is doubtful that CCTV cameras in |
| The Information Commissioner's Office (ICO) | | | | obvious places in the workplace would violate this |
| published its first CCTV Data Protection Code of | | | | implied term. |
| Practice in 2000 to help CCTV operators comply with | | | | On the other hand, an employer in a public body has |
| the Data Protection Act 1998 (DPA) and follow good | | | | an obligation to respect workers right to private life |
| practice. | | | | under Article 8 of the European Convention on |
| The Code of Practice: Monitoring at Work gives | | | | Human Rights (as enacted by HRA). However, this |
| guidance on how to avoid employees calling in the | | | | right is a qualified right which means that it may be |
| lawyers over breaching the provisions of the DPA. | | | | interfered with for a legitimate purpose in accordance |
| The Code provides that before such monitoring is | | | | with law and is necessary in the interests of national |
| introduced, an impact assessment must be carried | | | | security, public safety or the economic well-being of |
| out to determine what (if any) monitoring is justified | | | | the country for the prevention of disorder or crime, |
| by the benefits of that monitoring. Under the DPA, | | | | for the protection of health or morals, or for the |
| any CCTV monitoring must normally be open and | | | | protection of the rights and freedoms of others. The |
| backed by fulfilling reasons. | | | | interference must be proportionate in achieving its |
| The assessment should consider targeting the | | | | aim. An example of disproportionate use may |
| monitoring only at the areas of particular risk, | | | | arguably be where cameras are put in toilets or |
| confining it to areas where people's expectations of | | | | changing rooms. |
| privacy would be low, using video and audio | | | | Ultimately, it should be borne in mind that despite the |
| monitoring separately - cases where the use of both | | | | points outlined there is very little scope to impede |
| to be justified becomes rare. Its operation should | | | | employers making recordings. Placement and |
| only be where deemed necessary rather than | | | | retention of footage must be in accordance with |
| continuous - although continuous monitoring may be | | | | regulations under DPA. As this is a relatively recent |
| justified where security is at risk. Finally, whether | | | | development in the law, there are very few decided |
| comparable benefits can be obtained by less intrusive | | | | cases (the DPA does not apply to individuals' private |
| methods and what adverse impact it may have on | | | | or household purposes). |
| workers. | | | | Assistance for employees comes from either |
| In making the assessment it is advisable for the | | | | expressing direct concerns to the employer which is |
| employer to consult trade unions/employee | | | | the easiest way to resolve the situation or from a |
| representatives. | | | | union if the worker is a member. |
| If the monitoring is introduced to enforce certain | | | | Any personal data collected must be stored securely. |
| rules and standards, the employer must ensure that | | | | Also, regard should be had to the fact that anyone |
| the workers are aware of and understand them. | | | | who is captured on CCTV will have a right of access |
| According to one employment lawyer, the use of | | | | to that footage under the DPA. |