EMPLOYMENT CASE LAW / Human Resource Management: CCTV Footage in the Workplace
Over the last number of years, CCTV footage has become more and more common in Irish workplaces. Its uses can be purely security based, however it is becoming increasingly popular as a tool to monitor Employees and used as evidence in potential disciplinary matters. In this month’s newsletter we outline the use of CCTV and review the recent guidelines outlined by the Data Protection Commissioner.
Under the Data Protection Acts, an Organisation must ensure that the use of CCTV is “adequate, relevant and not excessive” for the purpose it is being used. As a result there must be a legitimate aim as to why an Organisation is using CCTV. For example, many charitable Organisations may put CCTV to prevent theft in their shops. For Organisations who use CCTV, it is essential their staff are aware of this fact. It is important to note that Organisations who monitor or track their staff, should advise of this to their Employees and inform them of the instances in which such footage may be utilised.
Transparency by Organisations utilising CCTV may be highlighted by the use of signage and related employment policy. Organisations should be aware that in instances in which CCTV is used to monitor the conduct or performance of their Employees, this should be highlighted clearly, with Employee consent obtained, in order for the Organisation to utilise the footage in an investigation, disciplinary matter or for other purposes on a later date. Organisations should note that in disciplinary matters the Employee should be given the opportunity to review the evidence in advance of a disciplinary meeting in order to allow them to prepare their defence.
When dealing with the retention of CCTV footage, the Data Protection Acts state that data “shall not be kept for longer than is necessary”. An Organisation needs to substantiate how long it keeps any CCTV data. Usually most Organisations retain data for approximately 30 days. In cases where there is an issue, or there is an ongoing investigation, it would be more than likely deemed prudent to retain any footage for as long a timeframe as necessary to investigate an issue.
The Irish Data Protection Commissioner has recently outlined new guidelines in relation to CCTV use in the workplace. These guidelines include a requirement for a written CCTV policy to be put in place. Organisations are now required to perform assessments which show that any use of CCTV is justified within their workplace.
Data controllers, i.e. the Employer, should complete the following steps in line with the guidelines outlined by the Data Protection Commissioner:
A clear, transparent and robust policy should be in place in every Organisation which uses CCTV, in order for the Employer to reasonably utilise such information as and when required. As a result of these recent changes outlined by the Data Protect Commissioner it is important that Organisations who use CCTV systems, review their employment policies, procedures and handbook to ensure that CCTV use is dealt with in line with the guidelines issued by the Data Protection Commissioner.
Under the Data Protection Acts, an Organisation must ensure that the use of CCTV is “adequate, relevant and not excessive” for the purpose it is being used. As a result there must be a legitimate aim as to why an Organisation is using CCTV. For example, many charitable Organisations may put CCTV to prevent theft in their shops. For Organisations who use CCTV, it is essential their staff are aware of this fact. It is important to note that Organisations who monitor or track their staff, should advise of this to their Employees and inform them of the instances in which such footage may be utilised.
Transparency by Organisations utilising CCTV may be highlighted by the use of signage and related employment policy. Organisations should be aware that in instances in which CCTV is used to monitor the conduct or performance of their Employees, this should be highlighted clearly, with Employee consent obtained, in order for the Organisation to utilise the footage in an investigation, disciplinary matter or for other purposes on a later date. Organisations should note that in disciplinary matters the Employee should be given the opportunity to review the evidence in advance of a disciplinary meeting in order to allow them to prepare their defence.
When dealing with the retention of CCTV footage, the Data Protection Acts state that data “shall not be kept for longer than is necessary”. An Organisation needs to substantiate how long it keeps any CCTV data. Usually most Organisations retain data for approximately 30 days. In cases where there is an issue, or there is an ongoing investigation, it would be more than likely deemed prudent to retain any footage for as long a timeframe as necessary to investigate an issue.
The Irish Data Protection Commissioner has recently outlined new guidelines in relation to CCTV use in the workplace. These guidelines include a requirement for a written CCTV policy to be put in place. Organisations are now required to perform assessments which show that any use of CCTV is justified within their workplace.
Data controllers, i.e. the Employer, should complete the following steps in line with the guidelines outlined by the Data Protection Commissioner:
- Conduct and evaluate a risk assessment process
- Complete and review a Privacy Impact Assessment
- Develop a data protection policy dealing with CCTV devices
- Clearly demonstrate previous incidents that have led to security/health and safety concerns that may justify the use of CCTV.
A clear, transparent and robust policy should be in place in every Organisation which uses CCTV, in order for the Employer to reasonably utilise such information as and when required. As a result of these recent changes outlined by the Data Protect Commissioner it is important that Organisations who use CCTV systems, review their employment policies, procedures and handbook to ensure that CCTV use is dealt with in line with the guidelines issued by the Data Protection Commissioner.
