Business

CCTV in the workplace: what do we need to Know?

If you are planning to install a CCTV system in your workplace, there are some legal points you will need to know beforehand. Having a CCTV system is a great security element for any company, but before you go ahead and use footage of employees, clients or customers you will need to have some knowledge of what footage you can and cannot use, and what legal steps you will need to follow.

You must comply with the Privacy Act

When installing a control room with CCTV cameras and TBC consoles, you will first need to comply with the Privacy Act. This act states that you are required to tell all staff that they are being recorded by CCTV, as well as put up signs alerting clients and customers to this fact.

You are also legally not allowed to place cameras in private areas such as employee and customer changing rooms, and toilets. The footage from these areas is not admissible in a court of law, and neither is footage if you have not told your employees that they are being recorded.

Follow employment law

Employment law states that employers must not act in a way that could destroy the mutual trust between an employer and employee. If your employee feels this is so due to your installation of CCTV cameras in the workplace, they are able to claim constructive dismissal.

What this means is that your employee feels that you, as an employer, have done something so fundamentally inconsistent with the original trust between them and yourself that they are entitled to resign, treat their case as unfair dismissal and claim compensation. It is vital to ensure your employees do not feel as though you now mistrust them and feel the need to watch their movements.

Ensure you understand data protection law

Data protection laws and regulations state how an employer can collect and process the personal data of their employees. This includes video footage of them recorded using CCTV cameras.

The data protection law gives employees the right to be told what data is being held on them and the reasons why this is being done, by issuing a data subject request to the employer. There are also limits on how long the data can be kept for and what this data can be used for. Your employees should be allowed to voice their opinions on the introduction of CCTV in the workplace, and you as their employer should take these opinions seriously.

Cameras must be placed in full view

The CCTV cameras you install must be in full view of all staff members and customers. This re-establishes the trust between yourself and your employees, as they will realise that these cameras are not being used to spy on them but to ensure the safety of your company and building.

If the cameras are smaller, you should not try to hide them as this will seem covert and may make your staff suspicious. By being placed in full view, you and your staff will also be able to see whether or not the cameras are operating correctly or if there is any damage to them. This will allow you to fix the cameras in a timeous manner.

List the CCTV in contracts

If you have new staff coming on board, you should include that fact that there are cameras in the workplace in their contract. You should also look to include this in current contracts, which will mean rewriting the contracts. This may seem tedious, but it provides a legal buffer should any complaints arise.

You will need to include information such as where the cameras are located, what data will be collected and what this data will be used for. This is vital if you ever have any legal dealings because of the CCTV footage, as the CCMA courts look at every aspect of employee contracts in their dealings. Having this in a contract will also put the employee at ease as they will not feel as though you are spying on them.

Conclusion

If you are planning on installing a CCTV system in your workplace, you will need to understand the legal aspects of it. Not telling your staff and customers is considered to be not only rude but also a legal offence, You may find it difficult to use the footage in a court of law if you have not alerted your employees to the fact they are being filmed. CCTV in the workplace is an effective way to ensure that your workers are doing their jobs correctly and no suspicious behaviour is taking place.

 

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