contents
- Foreword
- About this code
- What this code covers
- Deciding whether to use CCTV or continue using CCTV
- Ensuring effective administration
- Selecting and siting the cameras
- Using the equipment
- Looking after the recorded material and using the images
- Responsibilities
- Staying in control
- Appendix 1
- Appendix 2
- Appendix 3
CCTV code of practice
Appendix 3
Monitoring your workforce
When you install CCTV in a workplace, such as a shop, it is likely to capture pictures of workers, even if they are not the main subject of surveillance. If the purpose of the CCTV is solely to prevent and detect crime, then you should not use it for monitoring the amount of work done or compliance with company procedures.
- Have the cameras been installed so they are not directed specifically to capture images of workers?
- Are the recorded images viewed only when there is suspected criminal activity, and not just for routine monitoring of workers? Cameras installed for preventing and detecting crime should not be used for non-criminal matters.
- Are images of workers used only if you see something you cannot be expected to ignore, such as criminal activity, gross misconduct, or behaviour which puts others at risk?
- If these images are used in disciplinary proceedings, is the footage retained so that the worker can see it and respond? A still image is unlikely to be enough.
In some cases, it may be appropriate to install CCTV specifically for workforce monitoring. You should go through the decision making process in section 4 of this code and consider whether it is justified. In particular, consider whether better training or greater supervision would be a more appropriate solution.
Example: You suspect that your workers are stealing goods from the store room. It would be appropriate to install CCTV in this room, as it will not involve continuous or intrusive monitoring and is proportionate to the problem.
Example: You suspect that your workers are making mobile phone calls during working hours, against company policy, and you consider installing CCTV cameras on their desks to monitor them throughout the day. This would be intrusive and disproportionate. Continuous monitoring should only be used in very exceptional circumstances, for example where hazardous substances are used and failure to follow procedures would pose a serious risk to life.
- Is CCTV limited to areas which workers would not expect to be private? CCTV should not be used in toilet areas or private offices.
- Are workers made aware that the CCTV is for staff monitoring and how it will be used? How are visitors informed that CCTV is in operation?
- If CCTV is used to enforce internal policies, are workers fully aware of these policies and have they had sufficient training?
- Do you have procedures to deal appropriately with subject access requests from workers?
Workers should normally be aware that they are being monitored, but in exceptional circumstances, covert monitoring may be used as part of a specific investigation. Covert monitoring is where video or audio recording equipment is used, and those being monitored are unaware that this is taking place. Before approving covert monitoring, you should ask yourself:
- Is this an exceptional circumstance, and is there is reason to suspect criminal activity or equivalent malpractice?
- Will the cameras only be used for a specific investigation, and will they be removed once the investigation is complete?
- Would it prejudice the investigation to tell workers that cameras are being used?
- Have you taken into account the intrusion on innocent workers?
- Has the decision been taken by senior management?
Cameras and listening devices should not be installed in private areas such as toilets and private offices, except in the most exceptional circumstances where serious crime is suspected. This should only happen where there is an intention to involve the police, not where it is a purely internal disciplinary matter.
In some cases, covert cameras installed for one investigation may turn up evidence of other criminal behaviour or disciplinary offences. You should only make use of this where the offence is serious, for example, gross misconduct or misconduct putting others at risk. It would be unfair to use evidence obtained covertly for minor disciplinary matters.
In some cases, covert monitoring may be covered by the Regulation of Investigatory Powers Act 2000 or the Regulation of Investigatory Powers (Scotland) Act 2000 (RIPA / RIPSA). You may wish to seek advice1.
More advice on monitoring workers can be found in our Employment practices code2.
If you would like to contact us please call 08456 306060, or 01625 545745 if you would prefer to call a national rate number.
January 2008
1 The Home Office guidance on RIPA can be found at http://security.homeoffice.gov.uk/ripa
2 The Employment practices code and other related guidance can be found on the ICO website: www.ico.gov.uk.