When it comes to installing CCTV cameras, data protection is crucial. By data protection, we don’t just mean how you treat people’s personal information, but also how you handle footage of them captured by your CCTV.
In this blog, we will discuss whether or not you can install CCTV cameras in private spaces like toilets and go over some key areas to consider to ensure that you do not breach any data protection laws when installing your CCTV cameras.
The Right to Privacy
Using CCTV in any areas that are considered private is a major breach of data protection laws (GDPR). This includes installing CCTV in toilets or changing rooms. Only in exceptional cases is it deemed necessary to have CCTV camera surveillance in private areas – for example if you have been dealing with repeated anti-social behaviour like crime or vandalism.
However, you would need strong and documented justification for this and CCTV cameras should only be installed if less intrusive methods have failed and there are strict limitations on what is visible to the cameras, for example, facing the cameras to the sinks only, not in cubicles. It should also be made very clear that there is video surveillance in these areas and there must be an annual review for the CCTV cameras to remain lawful.
What Should I Know Before Installing CCTV?
Before you install any CCTV systems, you will need to consider and be aware of a number of rights and regulations.
- Before installing CCTV in a workplace, you will need to explain why you are doing it. If installing CCTV for security reasons, it is unfair to then use those cameras to monitor or discipline staff without warning. If you want to use CCTV to monitor your staff, you will need to make this clear and have strong reason for doing so.
- An important people’s information right is the right of access. This means that people have the right to ask you for copies of their own personal data i.e. the video footage of them. In order to uphold this right, your CCTV system must allow you to retrieve stored footage. You must also be able to redact or remove third party data from the recordings where necessary.
- It is also particularly difficult to justify installing a CCTV camera with audio recording as recording private conversations is very intrusive. If you come to the conclusion that audio recording is necessary for your business (for example in cases of frequent, verbal abuse), you must make it clear that your CCTV captures audio and consider whether the audio recording needs to be continuous or if the member of staff can just press a button to switch it on.
- Make sure you update your company policies and privacy notices to reflect that you are now using CCTV surveillance. You should also have a separate CCTV policy that explains why you have installed it alongside who is responsible for it and how you will handle any data.
At IDS Security, we will visit your property and design a CCTV system that is specifically tailored to your requirements.
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