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If your business uses CCTV in the workplace, there are some legal considerations to note. You will need to weigh the advantages of using a CCTV system against the heightened risk of breaching the General Data Protection Regulation (GDPR). The GDPR provides organisations with data protection rules in England. A breach of these rules can result in an investigation and a potential fine. This article will explain the data protection rules relating to audio-visual information. At all times, you want your business to safely use CCTV in the workplace and comply with data protection rules.
Using CCTV in the Workplace
The most common purpose of CCTV is to carry out video surveillance in certain parts of the building. If your business stores high-value goods or cash in a storage room or warehouse, this is likely to be the primary place where you would consider placing cameras.
Naturally, if the CCTV footage records theft of company property, this can be used as evidence within any disciplinary process leading to a written sanction or dismissal. Having CCTV cameras installed in plain sight can also deter people from potential theft. Therefore, using CCTV in your workplace can be valuable protection for your business.
Complying With Data Protection Laws
While using CCTV in the workplace is beneficial, your business must collect and store data in line with England’s data protection laws. In particular, the GDPR puts limits on the use of CCTV within your premises because it constitutes ‘personal data’. The main rules regarding CCTV include the following:
- that your business should carry out a data protection impact assessment before turning on CCTV cameras;
- that your company should safely store and protect all CCTV recordings;
- your organisation must only keep the data for as long as strictly necessary; and
- all employees and staff should receive prior warning of the surveillance system and your reasons for using it.
Most important, however, is the purpose of using CCTV. Data protection laws will only permit your business to set up CCTV if you can demonstrate significant benefits, such as preventing crime or protecting sensitive information. So, for example, you may be justified in placing CCTV in a room holding a large amount of cash or your IT servers.
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Safely Handling CCTV Data
Your company is responsible for taking appropriate steps to safeguard data against authorised access or theft. This is particularly important with CCTV information, which could provide detailed information about an individual’s weekly actions and movements.
Aside from exceptional circumstances, you should warn your employees in writing of your CCTV cameras and place warning signs around the building. Your organisation must be transparent and upfront about CCTV monitoring and its reasons for doing so.
Additionally, the UK legal system does not approve of employers using covert surveillance on staff. This is mainly due to the data protection (and human rights) issues which arise from clandestine monitoring. Covert monitoring includes placing hidden cameras without any CCTV signs or prior warning to your staff.
However, your organisation may be able to carry out covert recordings where it genuinely suspects criminal activity in the workplace. For example, if you have a strong belief that an employee is selling drugs from their car boot in your office car park, you could place a camera covering the car park for that purpose. However, if it turns out that they are not doing so, you should remove the camera because there is no longer suspicion of criminal activity.
Consequences of Not Handling CCTV Data Correctly
The Information Commissioner’s Office (ICO) is responsible for investigating the improper use of audio-visual data. If the ICO’s investigation reveals a violation of the GDPR, they may find your business.
Overall, it is recommended that your business:
- have written policies about its use of CCTV data;
- inform staff before the erection of further cameras;
- remove cameras when their purpose is no longer needed (e.g. upon you removing a safe containing cash from your premises, the camera in that room is likely to have fulfilled its crime prevention purpose);
- be transparent and open with employees about the storage and use of CCTV information; and
- treat the information as sensitive personal data and store it safely.
Key Takeaways
It is essential to understand that your business can use CCTV on its premises concerning staff, third parties or the public. However, your company should display appropriate signage and have written policies for your staff. These written policies should record the reasoning and purpose of the CCTV system, which will help with any future ICO investigation.
If you need help with using a CCTV system and data protection rules, 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
Some organisations place CCTV within food processing facilities for crime prevention reasons to guard against, for example, malicious contamination of food products,t. In contrast, others will simply place high-value items in one warehouse area and ensure CCTV covers those items from theft
Other methods businesses can use in the workplace to prevent crime and theft. Using the warehouse example, some businesses tag high-value items or require that signed permission is needed to access an area of the workplace with expensive items.
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