Do You Have A Thorough CCTV Policy?
Does it comply with legislation?
There are many reasons a company will install a Closed Circuit Television system. Did you know that from a data protection perspective, you need to have a thorough and detailed CCTV policy?
There are many reasons to install CCTV but you must have a thorough CCTV policy to back it up!
Apart from monitoring unwanted visitors with malicious intent, CCTV systems can be used for health and safety compliance, lone worker protection and even as a backup to existing intruder and fire detection systems.
"There are a whole host of reasons
to install a CCTV system!"
But for any business, a clear CCTV policy goes a long way to ensuring everyone knows what is being recorded, why it's being recorded, and makes it very clear who will see the footage, how long it will be kept and what it will be used for.
Your CCTV Policy document should have a number of sections:
The reasons for installing CCTV
What internal controls and procedures the footage is subject to
Who will maintain the systems and have access to the footage
How the footage will be stored, how long for and how it will be disclosed in the event of a crime
How the company advertises the use of CCTV at their premises and who to contact for further information
The Data Protection Act 1998 (DPA) covers CCTV systems regardless of whether the cameras are internal, external or both. If people are to be filmed then the CCTV Code Of Practice must be followed at all times. The Information Commissioner's Office has also produced a guidelines document for the use of CCTV in the workplace.
Organisations in the public sector should be particularly aware of the right to privacy which their employees have under the EU Human Rights Act as it applies directly to them. However, it is still important for employers in the private sector to consider these rights, and to ensure their monitoring is not disproportionate or intrusive, as tribunals and courts are expected to take it into account when making their decisions in the event of employment disputes.
"What about covert monitoring?"
Should there be a need for covert monitoring (where an employee is not aware they are being filmed, remember, this will only be legally justifiable in exceptional circumstances where there are proper grounds to suspect criminal activity or malpractice.
Good practice means:
Senior management authorises its use
It is only carried out for a set timeframe and as part of a specific investigation
The risk of intrusion on innocent workers is considered
Areas where privacy is expected remain private
Limited numbers of people are involved
If information obtained during covert monitoring inadvertently brings up evidence of other malpractice, this evidence should not be used against employees unless it is a case of serious gross misconduct. Where the misconduct is minor in nature, use of the 'secret' footage to discipline individuals will not be allowed.
"Remember to consider your
Although the use of CCTV has its advantages, it can be very time consuming dealing with employee complaints and ICO investigations. It can also lead to reputational damage and mean that employers are prevented from relying on data which would otherwise have been very useful to them.
By carrying out a full impact assessment, communicating with employees and processing data in accordance with the DPA, a CCTV policy acceptable to all can be created, the adverse impacts can be avoided and the benefits maximised.
Until next time ...
If you'd like to know more about creating a CCTV policy for your organisation then call me on 0845 287 3622. I'd be happy to help you.
While working with Volvo in the late 70’s I realised the way forward in international component distribution was computing. I created a company distributing components for several international manufacturers using the 'new' computers of the day. I quickly realised we needed our own programs so started writing distribution software. I grew the company by developing the software until I eventually sold my shares 20 years later, but retaining the rights to the software. I continued developing the software and supplied it to several similar companies where the software is still used today.
During 1999, I was asked by a friend to develop a facility to video the live sea conditions on the south coast accessible on the internet. Working with a Linux software developer I created our first remote video application. The internet boom of 2000 allowed me to develop a commercial application forming the basis of our systems today.