Employer’s lawful use of covert CCTV [30/05/2011]

We received a complaint in September 2010 from solicitors acting on behalf of a data subject.  The complaint stated that CCTV cameras were installed in the data subject's workplace without her knowledge and that the purpose of the cameras was to identify disciplinary issues relating to staff.  The complaint also stated that CCTV evidence was obtained and used to dismiss the data subject for gross misconduct. 

Recognisable images captured by CCTV systems are personal data.  Therefore they are subject to the provisions of the Data Protection Acts.  To satisfy the fair obtaining principle of the Data Protection Acts with regard to the use of CCTV cameras, those people whose images are captured on camera must be informed about the identity of the data controller and the purpose(s) of processing the data.  This can be achieved by placing easily-read signs in prominent positions.  A data controller must be able to justify obtaining and using personal data by means of a CCTV system.  

With regard to the installation of covert CCTV cameras, our position is that the use of recording mechanisms to obtain data without an individual's knowledge is generally unlawful.  Covert CCTV surveillance is normally only permitted on a case-by-case basis where the information is kept for the purposes of preventing, detecting or investigating offences, or apprehending or prosecuting offenders.  This provision automatically implies an actual involvement of An Garda Síochána or an intention to involve An Garda Síochána.  Covert surveillance must be focused and of short duration and only specific (and relevant) individuals/locations should be recorded.  If no evidence is obtained within a reasonable period, the surveillance should cease.

If the surveillance is intended to prevent crime, overt cameras may be a more appropriate measure, and less invasive of individual privacy.

In this case we requested the data subject's solicitors to provide us with a copy of all correspondence that was exchanged in relation to the matter.  On examining this correspondence, we noted that the data subject's employer considered it necessary to install the covert CCTV cameras because some members of staff informed the employer that money had gone missing from their purses.  We also noted the involvement of An Garda Síochána in the decision to install the covert cameras.  We subsequently informed the data subject's solicitors that we did not consider that a basis arose in the Data Protection Acts to progress an investigation.

This case demonstrates the use of covert CCTV by a data controller in compliance with the Data Protection Acts.  For personal data captured on covert CCTV to be fairly obtained and fairly processed under the Data Protection Acts, the installation of covert CCTV must involve An Garda Síochána or a clear intention to involve An Garda Síochána, as was the case in this instance.