The General Data Protection Regulation (usually shortened to GDPR) has replaced The Data Protection Act of 1998. Although it is mostly a European Union law, as the UK is still a member of the EU we have also adapted the guidelines into our own data protection laws. This is because 1998 was a long time ago, technology and the uses of data have moved on and new guidelines needed to be drawn up in order to keep up with the changes.

Rethinking the Way Data is Stored

GDPR has had a colossal impact on how data is sourced, stored and shared. It also dictates who has access to it what it can be used for. Every company in the UK that uses data has needed to rethink how it uses it and make the relevant changes. In 2018 one thing that is always recording and storing data is closed circuit television (CCTV). Since 2016 it has been estimated that there are over 350 million CCTV systems installed all around the world.

Is CCTV included within the GDPR laws

CCTV is a form of video surveillance that monitors the behaviour and actions of people and locations, usually for the protection of those who have installed it or their property. CCTV can work as a live steam monitoring a location or a immediate snap shot of images that are instantly uploaded to a database. One example of this is the number plate recognition technology that is used to spot those driving too fast. These systems exist to capture data rather than images. Many private companies also use this technology for a whole host of different reasons, primarily targeted marketing.

 

Since GDPR came in at the end of April 2018 people now have more enforceable rights when it comes to surveillance. Surveillance itself is a controversial issue and lots of people have different views and opinions about it, and what level of it is acceptable. Some believe we really are now living in an Orwellian age since CCTV was invented and ‘Big Brother’ really is watching us. Others have a softer view of surveillance and feel it’s a necessary intrusion in order to keep us safe, and so a record exists should things go wrong.

 

CCTV in the workplace has been the subject of much debate since April. Under new GDPR regulations employers in the UK are allowed to monitor their employees as long as they are doing it lawfully. To meet these requirements they need to inform their employees they are being recorded, and only do so to make sure their own security practices are being maintained.

Monitoring Employees and Staff with CCTV

There are numerous reasons why a company would wish to monitor their employees by CCTV. CCVT in a workplace can also be used to solve disputes between co-workers, reduce abuse between staff members or property, deter negligence or foul play and will cause hesitation in an employee before they consider any of the above. A small camera in an office itself can act as a method of monitoring a workforce as well as the consumption of office/work supplies. This will increase productivity, respect for the environment and cut costs in the long run.

 

Protecting the workplace and its staff from external threats is also a priority for many business owners and managers. Employers all have a responsibility to their staff and precautions need to be made if the worst should happen. Thieves, vandals or disgruntled individuals for any reason sadly do exist and can be unpredictable when choosing their victims. HD CCTV may not be able to prevent such crimes but it will serve as a deterrent and as a means of bringing the perpetrator to justice.

 

In regards to productivity having CCTV on site can allow managers and business owners to monitor performance. Not only will employees understand they are being monitored in an effort to encourage them to behave appropriately but they will understand that their suitability to the position is also under scrutiny. Monitoring staff this way can help dictate work and staff flow in the long-term and monitor work efficiency in the short term. All employers want to trust their employees and CCTV gives them a way to do so.

 

Businesses must also comply with GDPR and sensitive and private documents or information must be handled with care. Installing HD CCTV can make this easier, allowing an organisation to keep track of where certain things are and by tracking the comings and goings of individuals and items. Taking an inventory of products in storage or items in circulation can be difficult to track on occasion and valuable or smaller items are easier to lose sight of. Having all this recorded provides a certain peace of mind to any manager or business owner.

Can Employees Refuse to be Recorded?

Under GDPR the organisation in question must balance the benefits of CCTV surveillance alongside the rights and freedom of their staff. An employee does have a legitimate right to protest against surveillance should they feel it is being used for the wrong reasons or abused in anyway. For example should it somehow encroach into their personal life, medical history or identity. If an employee was to complain about CCTV cameras in certain areas then GDPR dictates that the employer must provide ‘compelling legitimate grounds’ for installing it. Cases like this have been created from employers installing CCTV in bathrooms or changing rooms. Places where an employee has a ‘reasonable expectation of privacy’ are where disputes can arise. The employer themselves may need to justify why their ‘legitimate grounds’ for surveillance override the employees right to privacy. If the two parties reach deadlock over this issue then each will require legal representation.

 

GDPR offers employers a lot of leeway and freedom in what they can do to protect their data and property using CCTV. Although there are certain parts that are considered guidelines more than rules and that’s where debates can arise. GDPR suggests employers should only install CCTV in areas where it is required and won’t intrude on employee’s rights to privacy. GDPR also recommends that employers do not put themselves at risk of unnecessary criticism, for example placing more surveillance around one group of employees more than other groups. This sort of action is bound to cause offence and raise questions by the employees under surveillance. Finally CCTV needs to be clearly communicated to all employees by using a Privacy Notice.

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