this video I want to take a look at something that's pretty contentious in
the workplace and that is the use of CCTV clearly there are important data
protection considerations involved here the data protection commissioner issued
new guidelines in December of 2015 in relation to the use of CCTV CCTV systems
capture personal data as defined by the data protection acts and therefore
that's where the Data Protection Commissioner would have a role the data
controller must be able to justify the use of CCTV and in most employment
situations the data controller will be the employer the first question to ask
therefore is can the use of CCTV be justified the second question to ask is
is the use of the CCTV proportionate if the purpose is for security reasons for
example there's no huge difficulty justifying CCTV as a proportionate
response to monitor employees that's more difficult more problematic but it's
not impossible to justify or explain because if for example in a hotel in a
retail environment perhaps if the employer can demonstrate that he or she
has had a serious problem with pilferage then it's clearly justifiable and
proportions so the justification would normally arise from events that preceded
the installation of the CCTV so the advice to an employer will be to carry
out an assessment the Data Protection Commissioner recommends this before the
installation of cameras this assessment would look at the risk the risk from the
employer's perspective you would also look at the privacy impact that would be
the impact on the privacy of employees and perhaps customers or clients the
assessment should also provide for clear signage indicating that recording
taking place and there should be a data protection policy in the workplace as
well they should also be certainly from an employer's perspective documentary
evidence of prior problems in relation to security and our health and safety
issues ok we'll word of warning before recording data the data subject should
be warned of the recording this is usually done by putting signs up where a
contact number without control data controller strongly advised for an
employer to get have a written CCTV policy this should contain the identity
of the data controller the purpose of the data processing any third parties to
whom it might be made available and how an employee can make an access request
it should also spell out the retention period of the CCTV and the security
arrangements for the CCTV in other words that the data wouldn't be freely
available in the workplace or widely accessible to other employees or who
inappropriate or not register personnel the damage should not be kept ali longer
than is necessary and that is a common theme in the whole area of data
protection the use of data keeping that and so on and so forth and recording
data and capturing data is that it is proportionate and is no more than is
necessary so clearly keeping data for you know years in situation or
circumstances for an employee perhaps his left at the job may not be justified
or proportionate then there's a question of supplying images to unguarded she a
corner this could happen very easily in a retail or perhaps with her environment
the employer should obtain a written request from a Garda Siochana this
request should stay ideally that a criminal investigations being carried
off what are the data subjects rights then he or she has a right to access the
data other people's images still should be
redacted for pixelated before the data is handed over the request should refer
to a specific time frame as well and not be a trial with no time frame or you
know that all into infinity that's unreasonable hidden cameras should only
be very rarely used and they in those circumstances should be used for a
limitless specific period and it probably would be to tackle a specific
problem and if you're an employer you'll be well advised to document or record
the specific problem that has given rise to this what you're a responsible and
shrewd employer do now he should coyopa an assessment he should drop a written
CCTV policy and should obtain professional advice my name is Terry
goyim a solicitor and enfield I hope you find this video useful if you do you
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