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As a yoga studio owner, you are likely to value the use of CCTV on your premises. For example, you may intend to prevent crimes such as locker content theft. Any CCTV footage your company collects must be stored as per the rules in the data protection rules within the General Data Protection Regulation (GDPR). This is particularly important given that the Information Commissioner’s Office can fine your yoga business up to £17.5m for a breach of the GDPR. This article will explore the benefits of putting a bespoke CCTV policy in place and how this may reduce the risk of a fine from the ICO.
Why Should My Company Worry About Data Protection Laws?
Complying with data protection laws can benefit your business. On the one hand, your yoga studio will likely benefit from positive word of mouth and social media mentions. Conversely, any adverse publicity regarding data breaches will likely damage your reputation.
Furthermore, the ICO has the power to issue financial penalties of up to £17.5m to businesses breaching data protection rules. Recently, the ICO has shown itself more than willing to issue large fines to companies, regardless of size, for data protection breaches.
Given that the inappropriate mishandling of CCTV data would constitute a likely breach of the GDPR, let us consider the benefits of a CCTV policy.
What Are the Benefits of a CCTV Policy?
Most policies aim to confirm that your organisation will follow the relevant data protection rules regarding CCTV, which include:
- that your company will carry out a data protection impact assessment (DPIA) and then regularly review it;
- your business will safely store all video recordings;
- your business will ensure the placement of relevant CCTV warning signs near CCTV cameras;
- provide contact details for the data controller (the person in charge of the CCTV system); and
- you will only store the CCTV footage for as long as necessary (and then delete it).
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What Can a CCTV Policy Not Protect My Business Against?
A CCTV policy cannot make statements or describe video surveillance methods that breach the GDPR. Instead, it should summarise how your organisation aims to fully comply with its rules.
For example, suppose you wish to place covert cameras around the workplace to monitor how hard your staff work. Specifically, these are hidden cameras that you do not provide employees advanced warning of. It is unlikely your business can legally justify these cameras. Instead, you are likely to breach the GDPR as it only permits covert surveillance in exceptional circumstances (such as preventing criminal behaviour).
Similarly, a policy cannot enable you to place a camera within an area with a reasonable expectation of privacy, such as changing rooms or restrooms. Even in genuinely exceptional circumstances where you have a strong suspicion of the commission of a serious crime (such as drug dealing), any surveillance likely requires signage. Alternatively, your business should consider a less intrusive monitoring method, such as audio recording.
Common Mistakes With CCTV Policies
The most common mistake businesses make is failing to follow the terms of their CCTV policy. For example, some yoga studio owners mistakenly believe that, as long as they have a good policy, they can carry out CCTV surveillance as they wish. This is incorrect and can lead to problems for your business. Instead, the ICO expect your business to follow the wording of its CCTV policy to the letter. Any failure to do will likely constitute a breach of the GDPR.
Key Takeaways
The ICO recommends using a CCTV policy for any business recording visual data. However, having a CCTV policy is only halfway to meeting your legal requirements. Instead, best practice requires a policy tailored to your business and following its contents.
If you need help putting an effective CCTV policy in place, our experienced Data, Privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Yes, some businesses justify CCTV usage due to the need to monitor dangerous machinery or to protect staff members from the public.
Yes. There is little point in installing surveillance cameras that record low-resolution footage. If the camera system is low-quality, you will have difficulty identifying individuals and actions (making the system useless in practice).
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