Need some advice...again

AdamD · 06-07-2005, 21:36

This time about privacy in the workplace

Is it legal for a company to install secret CCTV cameras which record both video and audio and not tell the employees?

Reason I Ask, a few of my fellow team members were discussing about putting a complaint in about our team leader, who doesn't do jack all day and breaks employee's privacy rights by "confiscating" their phones and looking through their pictures and private messages when they're not looking

He found out about the discussion we had, then called us into a meeting, whereby he said, during his lunch hour, he went through secretly recorded cctv footage and listened to everything we said.

Any advice would be appreciated.

Roy MM · 06-07-2005, 21:39

Any covert video audio recording is illegal

Paul · 06-07-2005, 21:40

http://www.ivillage.co.uk/workcareer...4055-3,00.html
any good to you?

AdamD · 06-07-2005, 21:58

Hmm damn, entirely voluntary eh?

Raistlin · 06-07-2005, 22:00

I think they are allowed to film provided they tell you about it. There may be something in your contract that covers it. It won't say anything about filming though. Probably something like "The Company reserves the right to take such actions as it may deem necessary......"

grandmaster · 06-07-2005, 22:14

If he is confiscating phones make sure they are switched off and have sim codes on.

If he trys the code more than three times the the sim will lock and you then have proof he has been playing.

Failing that take him in to a side room with another collegue and inform him that you take great offence in what he is doing and could be classed as bullying or harrrasment and you will have no option but to take out a grievence against him, which may result in his suspension and possible dissmissal.

Kliro · 06-07-2005, 22:14

I think this type of thing is legal - they can read your emails, and lie to you about reading them!

This looks like a case of him trying to cover himself up, can you remember how your convo went?

As long as you werent offensive in the video, you could go forward with the complaint, using the video aswell.

Did he say hes going to take any action against you?

makikomi · 06-07-2005, 22:20

Quote:

Originally Posted by Roy MM

Any covert video audio recording is illegal

As a blanket statement, this isn't actually true.

Article 8 of the The Human Rights Act 1998 states this:

Article 8: Right to Respect for Private and Family Life

1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

This covers the use of surveillance, so in a way, surveillance is illegal.

HOWEVER, the act also lays down provisions for where the rights may be bypassed, which is primarily if the person is suspected of wrongdoing (to put it very simply).

You may find this link helpful...

http://www.yourrights.org.uk/your-ri...cy/index.shtml

It should point you in the right direction about the legality of things.

AdamD · 06-07-2005, 22:40

Thanks for the links
I just checked the Citizens advice bureau and it said

Quote:

Some employers monitor their workers without informing them that this is happening, for example, by use of hidden cameras or audio devices. This is very rarely legal. Guidance under data protection law says that secret monitoring should not be allowed in private areas at work, such as staff toilets, unless there is serious crime involved, such as drug dealing.

nffc · 06-07-2005, 22:43

Quote:

Originally Posted by grandmaster

If he is confiscating phones make sure they are switched off and have sim codes on.

What he said... I'd also try and make sure they didn't get my phone, though I normally delete messages after I've read/replied to them and it's a stoneage phone so there's no picture messaging or owt

I normally leave it on but if some chav scum **** or anyone else wanted it then I'd turn it off- a matter of pressing about 2-3 buttons which i can do in a matter of a few seconds.

And I seriously doubt the use of covert cameras is legal.

Kliro · 06-07-2005, 22:49

Your copy from the citizens advice says in private areas, your office cubicle is not a private area by definition, so maybe it is legal?

Also if he claimed he thought you were stealing stationary or something, then hes allowed (I think)

AdamD · 06-07-2005, 22:52

Quote:

Originally Posted by Kliro

Your copy from the citizens advice says in private areas, your office cubicle is not a private area by definition, so maybe it is legal?

No he basically knew we'd been discussing making a complaint against him, so he used his lunch break to listen/watch the footage of us talking.

Tuftus · 06-07-2005, 23:00

Dunno about the legalities but Big Brother???

**Rob** · 06-07-2005, 23:20

I would question the powers as to why he is even able to "confiscate" your phones. There may be a contract condtion of no mobiles at work, but if that is the case, I would have thought you should be entitled to a secure, personal, locker.

From this, and previous posts you have made regarding your company, I'd say they are to be avoided. I'd be looking for another employer.

Raistlin · 06-07-2005, 23:23

Of course.....you are legally entitled to see any recording that your employers have of you.....possibly for the consideration of a small fee.....

If you saw those recordings it would let you know where the cameras/microphones are, that way you could avoid them next time