CCTV Monitoring

This question is unclear and, potentially, encompasses many issues to do with the laws on privacy and the underlying relationship of trust and confidence between the employer and employee.

I cannot see how such photos would be used to capture evidence unless it is a case of being in the right place at the right time. As such, I set out below in generic terms only, the law on employee monitoring and how to use such evidence as part of a disciplinary investigation.

Data Protection Act /CCTV

The Data Protection Act 1988 and subordinate legislation establishes how employers can process employee. Pictures/video footage is such data. As such, this act is relevant.

The main points are:

? The monitoring must be no more than is necessary and proportionate to achieve the business purpose e.g. if you believe an employee is stealing money from a till you should only have CCTV coverage around that area;


? An employer must not use personal data collected through CCTV monitoring for purposes other than the prevention or detection of criminal activity.

? CCTV footage should be securely locked away. Employers have responsibilities regarding the collection and use of CCTV footage which includes the common law duty of confidence.

? An Impact assessment must be carried out. If CCTV is used, all staff affected must be told and be made aware of the nature and extent of monitoring, unless of course it would defeat the objective of prevention or detection of crime.

? The employer should ensure that there is a clear record of the impact assessment of the CCTV.

Use of camera phones

Employees should be aware of policies in place regarding use of phones at work and, more generally, the policy on confidential information and security in the workplace. If employees are found to be abusing the system normal disciplinary procedures can be used. As long as employees know of the monitoring, you can use any such information against them.

If information is captured after working hours employers may be able to act on the information for disciplinary and dismissal purposes. However, a major breach of privacy might lead to a constructive dismissal claim by the employee.

It is important for employers to be aware of the legislation and the duties required when monitoring employees through CCTV or other devices such as camera phones. A well designed policy is an important first step to stopping employees abusing the system.

I appreciate this is generic advice, however this is due to the limited facts provided.

Kind Regards
Darren Sherborne
Partner
Head of Employment
BPE Solicitors
St James' House
St James' Square
Cheltenham GL50 3PR
Website: www.bpe.co.uk

Upon the issue of employee monitoring, is it acceptable to use camera phone images? If so, within which circumstances? Is there a distinction between using camera phone images 1) on, and 2) off, the work premises.