2 December 2002

KEEBLE HAWSON

www.keeblehawson.co.uk

E-MAIL UPDATE

Using CCTV at Work

The use of CCTV to monitor the actions of employees has potential implications in respect of the Data Protection Act 1998 (DPA) and the Human Rights Act. We have recently been asked to advise in this area in the context of an employer seeking to implement such monitoring following a spate of suspected thefts from their premises.

The Code of Practice: "Monitoring at Work" published by the Information Commissioner gives guidance on how to avoid breaching the provisions of the DPA. The Code provides that:

before such monitoring is introduced, an impact assessment must be carried out to determine what (if any) monitoring is justified by the benefits of that monitoring.

The assessment should consider: targeting the monitoring only at the areas of particular risk, confining it to areas where people's expectations of privacy would be low (e.g. public areas), using video and audio monitoring separately (the cases in which the use of both can be justified are very rare), operating it only when necessary rather than continuously (although continuous monitoring may be justified where security is at risk), whether comparable benefits can be obtained by less intrusive methods, what adverse impact it may have on workers.

If the monitoring is introduced to enforce certain rules and standards, the employer must ensure that the workers are aware of and understand these rules and standards.

In making the assessment the employer may consult trade unions/employee representatives (we advise that they do so).

the scope of the monitoring must be limited to that which is strictly necessary to deliver those benefits;

workers should be given clear notification that the monitoring is being carried out, where it is being done, and the reasons why it is being done;

other people who may be captured by the monitoring should also be made aware that such monitoring is in operation and why;

The notification requirements can be satisfied by the use of a prominent sign. This must state the organisation responsible for the monitoring, when, where and why it is being done, and who to contact about it (simply informing workers from time to time that they may be subject to monitoring is not sufficient).

Regard should also be had to the fact that anyone who is captured on the CCTV will have a right of access to that footage under the DPA. Also, any personal data collected must be stored securely.

The use of CCTV could also be a breach of the worker's right to respect for private life under Article 8 of the European Convention on Human Rights (as enacted by the Human Rights Act 1998). However this right may be interfered with if that interference is in accordance with the law and is necessary in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

As this is a relatively recent development in the law ,there are very few decided cases and we would therefore urge clients to contact us at the earliest possible stage should they be considering such a measure or indeed if they face any challenge from employees to such form of monitoring or plans to do so.

For more information contact:-
Paul Grindley
0113 244 3121
paulgrindley@keeblehawson.co.uk

www.keeblehawson.co.uk

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