hi

im looking for some legal advice or quotes about cctv in the work place.my boss in his wisdom has installed colour cameras, in a factory envoirenment, and states they are for training and security purposes.but we all know that he and his son (production manager)watch us at all times, to make sure we are not talking when we are working.more cameras are on the way and all my worork m8s are concerned about the placements and the legality of being spyed on.

any help or advice appreciated thanx.

Your Rights: CCTV at work

Hope that helps

As long as they are installed in common areas Ie; not toilets etc, and they put up warning signs, theres probably not much you can do about it.

no warning signs, and as far as we can make out there was no assessment made to assess the effects of its use prior to installation

you should all start sporting matching hoodies as a protest just to pee them off jezzy

I'll have to double check, but im pretty sure in your circumstances CCTV evidence will be invalid if There are not warning signs alerting you to its presence, any footage also has to be time-stamped (have a running clock on it) or its totaly worthless.

Still, If the boss just put the cameras in to check the workers arnt slacking, the above is irrelevent.

If thats the reason, to check up on people it could constitute some kind of intrusion, generally CCTV can only be used for safety and security.

Your employer must display warning signs which state the purpose of why the camer's are there. i.e. for example

"Images are being monitered for the purposes of crime prevention and public safety"

You must also be informed in writing that camera's are being used and the reason for this, this information should be written within your Terms & Conditions of your contract of employment.

You are entitled to have access to the data recorded but only if you personally have a strong reason for it, such as being accused of a wrong doing.

Futher information can be found at Information Commissioner's Office - ICO.

Hope this helps

This outlines the DPA requirements for registration. See section 4.

This is the code of practice for CCTV. For details about subject access, see Page 15. Basically, if they record you,you are entitled to copies.

You do not need to have 'good reason'; it is yours by legal right.

Due to the Durant-v- Financial Services Authority case the meaning of “personal data” was qualified; this in turn had an effect on the CCTV footage and recordings.

If the Camera is taking a general scan of an area, this does not constitute personal data with regards to any of the people that may be present at the time.

So these recordings are not available to anyone that requests them unless they have a specific reason for requiring the data, which can be refused if the reason is not precise and necessary i.e. for instance, you were trying to prove you were not guilty of committing a criminal offence.

The camera that is recording must be focused on you as individual, that and only then does it become personal date, which you are then entitled to see after pay your £10 for an S.A.R. you can not have access to general recordings unless you can substantiate a good reason for it, and it must be personal, these general recording can not be shown to third parties other than the Police.

Hope this helps to put matters straight there has a lot been happening since 1998 with regards to The CCTV Data Protection Act.

However, the OP was talking about private camera at his place of work. Thus this is not a general scan, but targeted at specific individuals.

The documents referenced in my post above are the current guidance from the ICO - they are not taken form the DPA 1998.

If the camera is a fixed camera and is not able to Zoom in on individuals then it still is classed as a general picture.

If the camera is focused just on the one person such as working on a cash till, "Failing to inform staff they are being, or can be, monitored can lead to a breakdown in the employment relationship and open companies up to claims, such as constructive dismissal. This is especially true when it comes to CCTV."

Covert CCTV monitoring will rarely be justified and should only be used in exceptional circumstances, for example, where criminal activity is suspected.

"Surveillance of email and Internet use is prudent, given the risks, but this must be done in an open, rather than covert, manner. It should be backed up by a written policy, which is properly explained and fairly applied."

Good to check to see if camera's can zoom in or not are just standard fixed camera's, it does make a difference under the law if the camera is not able to focus or Zoom in on individuals that may be working in the vicinity of their work mates.

Would you agree

5 of the cameras are fixed position, looking directly at operators positions at machines, most are forwards facing looking directly at the individuals face. (or full frontal)the other camera causing concern is 180 degree remote controll and can zoom.it has been observed following people across the workshop.

One way to show your disapproval is to print up some notices and pin them to your general boards asking if anyone is 'interested in joining a union'.

There need be no mention of cameras or any other subject, but the management will see the notices and put two and two together.

It worked in my sons place of employment so may work in yours. If not then contact a union and ask for their assistance in setting up a union.

Union officials cannot be barred from workplaces where they have members. They also have access to good lawyers as well.

I would think the full frontal camera would come under the same legislation as the ones in toilets and changing rooms, they are intrusive and can film you in a private acts. If one of these films contained images of a woman scratching her breast for instance either down her dress or through an opened blouse, then that is an invasion of privacy.

Maybe I'm missing a point here but, as you are at work and your time is being paid for, why are you concerned about CCTV cameras? If you're not breeching company rules and doing the job you're paid to do, I can't see that it would be a problem.

On the other hand, if an employer is paying salaries and the work isn't getting out on time or the employer has reason to suspect that employees are misusing time in which they are being paid, he or she might be justified in installing CCTV.

Heres why i think CCTV cameras are a good thing;

I'm a senior union convener with the biggest most anti union company in the world.

I am also a trade union safety representative protected by a dozen english laws.

If anyone has an accident at work i immediately write to the company and demand a copy of the cctv footage which i am entitled to under section 7 of the safety representatives and safety committees regulations 1977 irrespective of whether i have the victims permission.

I had a recent case where a union member had his hand crushed in a machine and i got the footage which later on was viewed by his solicitor and used as evidence in court to prove that the health and safety ac work act 1974 was being breached on many counts and the company turned a blind eye.

It cost the company over 80k in losses (fines,lost time investigating and disciplinary process,raised insurance premiums,replacing staff, bad PR etc) 10k in compensation claim to the victim, and 3k to me for being obstructed by the company in the course of the investigation (also shown on the cctv footage)

£93,000 hit to the company ? Job Done!

The company's initial reaction at the start was that the victim had breached H&S therefore gross misconduct,and dismissal. (later proven to be bull-poop by CCTV footage)

CCTV in the workplace is our friend in disguise, its very rare that a solicitor can sit in his office with his remote control and watch how an accident happened. Forget witness testimony, i saw this, he saw that, concrete proof through CCTV is priceless.

Join the union at your workplace,and make sure that union safety representatives are present, cos they are the SAS of the trade union movement with 10 times more powers to obtain information and have way more protection in law than your average union representative.

Prouty.

The employers should place signs up and issue an amendment to the employee handbook or employment contract.

The signs would look a bit like this

Covert cameras can also be used but its best practice to only use them where they suspect wrong doing.

You can request images but there is also a way of refusing that doesn't breach the DPA. I hope that helps

The only place where CCTV is not allowed without express permission from a court are in toilets or changing rooms.

CCTV in all other areas are not intrusive as per the definition in RIPA

1)i am the only member of a union at my place of work

everyone else is to scared to join a union, because several years ago the bosses saked an individual for advertising union membership at work.

2)we are concerned about the cameras because not only does the director have access to them in the work place,he can view them at home with his children who have jobs at the same factory.the forman also sits viewing the images in a public office with his m8s.

i dont think any of the 13 people working the shop floor are common criminals and steal from the premisis(it would be difficult with a 90 ton printing machine or 4 ton fork truck.)all our work is done on time or ahead of production scheduel, barring breakdowns or missed deliveries.we cant even talk to each other whilst working for fear of one of them jumping on us.

thanx for the info and advice you have all given its been very helpfull.

1)i am the only member of a union at my place of work

everyone else is to scared to join a union, because several years ago the bosses saked an individual for advertising union membership at work.

 

2)we are concerned about the cameras because not only does the director have access to them in the work place,he can view them at home with his children who have jobs at the same factory.the forman also sits viewing the images in a public office with his m8s.

 

 

i dont think any of the 13 people working the shop floor are common criminals and steal from the premisis(it would be difficult with a 90 ton printing machine or 4 ton fork truck.)all our work is done on time or ahead of production scheduel, barring breakdowns or missed deliveries.we cant even talk to each other whilst working for fear of one of them jumping on us.

 

thanx for the info and advice you have all given its been very helpfull.

Cameras are only as effective as the people who are watching. At my workplace the cameras are monitored by a well known security firm who have the security contract. They pay minimum wage and treat their staff like throwaway items, thus the guards are not very dedicated and cant be bothered (thats only when they are awake)

As for your union problems get your mates to fill out application forms for your union without telling your managers then when 50% + 1 employees are members ask your union to apply for a recognition agreement in your workplace (applying under CAC rules) once your union has a recognition agreement your firm will have to listen.

My own workplace has the only recognition agreement in the world within the global company i work for, 600 people can and do negotiate for their own pay rises,terms and condition,and many other things which considering that my company employs around 25 million people worldwide 99.9% of who are treated like animals (except for us 600) is a hell of an achievement. The company is the second richest company on earth (three of the five richest people in the world are directors), and are the most vicious anti union company on earth who think nothing of hiring private detectives and ex security service personnel to follow home stewards and investigate into their lives away from the workplace.

It isnt impossible to take people like this on as we at my workplace have proven with our 20 year old recognition agreement.

Prouty

And besides, if you are a rep and advertise for the union at your workplace you are doing trade union duties which your company must give you paid release from work to do.

If they sack you the employment tribunal would dance on their heads and go cock a doodle doo

If your union tells your bosses you are also a trade union safety rep you will have more protection than your average challenger tank

Look on the net for a copy of the safety representatives and safety committees regulations 1977 (also known as the brown book). You will find a detailed breakdown of what you can do by law in the workplace.

Dont show it to your boss,just carry out your duties and let them start abusing you for it, the financial penalties for abusing/sacking a safet rep are unlimited

Prouty