Surveillance Camera Laws: Did You Know?


There are some very clear cut laws when it comes to video surveillance do’s and don’ts.

This blog will hopefully clear up any common questions that usually arises when installing a CCTV system into a workplace.

  •  Notice of surveillance is required. Surveillance of an employee must not commence without prior notice in writing to the employee. The notice must be given at least 14 days before the surveillance commences. 
  • Camera surveillance of an employee must not be carried out unless:
    (a) cameras used for the surveillance (or camera casings or other equipment that would generally indicate the presence of a camera) are clearly visible in the place where the surveillance is taking place, and
    (b) signs notifying people that they may be under surveillance in that place are clearly visible at each entrance to that place.
  • Surveillance of change rooms and bathrooms are prohibited. 
  • Covert surveillance is prohibited without covert surveillance authority. Exceptions, law enforcement, correctional centres, courts and casinos.
  • Application for covert surveillance authority. An employer or employer’s representative may apply to a Magistrate for the issue to the employer of an authority authorising covert surveillance generally of employees while at work for the employer for the purpose of establishing whether one or more particular employees are involved in any unlawful activity while at work for the employer.
  • Prohibition on installation, use and maintenance of listening devices. A person must not knowingly install, use or cause to be used or maintain a listening device:
    (a) to overhear, record, monitor or listen to a private conversation to which the person is not a party, or
    (b) to record a private conversation to which the person is a party.

The information provided in this blog is taken from the Workplace Surveillance Act 2005 and Surveillance Devices Act.

If you have any queries please do not hesitate to contact us. 

 

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