Like many business owners, you might need to install CCTV to secure your premises and ensure the health & safety of employees and customers.
But are there any employment laws on CCTV in the workplace to consider first? Yes, there are. Video footage or images of identifiable individuals captured by a CCTV system are personal data for the purposes of data protection law.
The main laws governing the use of CCTV in the workplace are the General Data Protection Regulation and the Data Protection Act 2018.
Checklist before installing CCTV
While you are entitled to protect your premises by installing cameras in the workplace, laws also exist to protect the individual against unlawful invasions of their privacy.
So to make sure you are not infringing an individual’s right to privacy, you should ask the following questions before installing CCTV in the workplace.
- Do you have a clearly defined purpose for using cameras? Is it to protect stock or property? Will you ensure you only use the CCTV for that purpose? If not, can you justify the use of the data for that other purpose?
- What is the legal basis for installing cameras in the workplace? CCTV processing is typically carried out by business owners to protect legitimate interests like the security of their property and the safety of staff and other persons using their premises. These legitimate interests may provide a legal basis for the processing of personal data so long as the interests of the business/data controller are balanced against those of the individuals caught on camera. If you rely on legitimate interests as a legal basis to utilise CCTV, you need to be able to demonstrate that CCTV is necessary to achieve your specified purpose and that it does not have a disproportionate impact on the individuals being recorded.
- Can you demonstrate that CCTV in the workplace is necessary to achieve your goal? Are there other solutions that don’t involve collecting personal data by recording individuals’ movements and actions on a continuous basis?
- If your system is to be used for purposes other than security, are you able to demonstrate that those other uses are proportionate? For example, watching staff on CCTV is highly intrusive and would need to be justified by reference to special circumstances. If you installed CCTV with sound in the workplace for instance, you must be able to demonstrate that this type of CCTV monitoring is a proportionate response to the issues that affect your workplace.
- What measures will you take to ensure recordings are safe and secure? Who will have access to CCTV recordings in your organisation and how will the data be managed and recorded?
- How long will you retain recordings for? CCTV regulations in the workplace dictate that recordings should only be kept for as long as necessary to allow you to achieve your original purpose.
- How will you inform or notify people that you are recording their images? CCTV in the workplace laws impose transparency obligations? Have you considered how they can contact you for more information, or to request a copy of a recording?
Data protection policy
The best way to comply with CCTV in workplace law is to clearly set out your position on the use of cameras in a CCTV Data Protection Policy.
A CCTV policy in the workplace is a key step to take and shows that your data processing activity is necessary and proportionate to protect your business.
A well-drafted policy will identify the reasons why your business needs to use CCTV and how you will manage it.
To comply with legal rules for CCTV in the workplace, your policy must be brought to the attention of employees so that they are fully informed about the processing of their personal data through a system.
One way to comply with laws about CCTV in the workplace is to publish the policy on an official website to inform members of the public who may attend the premises and answer their questions about how you use cameras at work.
Any policies should also be reviewed on a regular basis to ensure that they are being applied as intended and are adapted in light of any relevant changes in circumstances. If circumstances change at your business, you will need to review your CCTV policy to check if the original purpose for which it was necessary still applies.
Need more information?
So as you can see, if you plan to use CCTV in the workplace, Ireland’s Data Protection Commissioner will also be monitoring your business’s use of CCTV closely.
If you would like further complimentary advice from an expert, our advisors are ready to take your call any time day or night. Call us on 0818 923 923 or request a callback here.
