Hidden camera at work & The Law

urbanachiever1

I want to install a hidden camera at work to try to catch an employee who is taking products from an outdoor yard area. Does anyone know if I am within my rights to do this and can the video footage be used in evidence if a case went to court? Also, the audio footage? I have been told that it may be unlawful to covertly record audio in the workplace.
Any information greatly received or point me somewhere I might find this information.
many thanks.

longhalloween

Im not entirely sure but I think you can have to tell them there's cameras but you dont have to say where the cameras are.

Redshift

This might help you

http://www.dataprotection.ie/viewdoc.asp?DocID=242

Covert surveillance.

The use of recording mechanisms to obtain data without an individual's knowledge is generally unlawful. Covert surveillance is normally only permitted on a case by case basis where the data are 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. 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 considered to be a more appropriate measure, and less invasive of individual privacy.

urbanachiever1

Many thanks Redshift.

desbrook

"This provision automatically implies an actual involvement of An Garda Síochána OR AN INTENTION to involve An Garda Síochána. "

Surely the employer is not doing anything illegal as he is genuinely investigating offences i.e. larcenies and from his initial post he seems to have every intention of involving the Gardai ?

b318isp

We have a sign on the entrance to the site that CCTV is in use, but don't stipulate where.

ScouseMouse

Define covert?

If you place an ordinary camera in a hard to see place - up high maybe, it would not be covert. Just because someone does not look up or in a particular place is their problem.;)

krd

urbanachiever1 wrote: »

I want to install a hidden camera at work to try to catch an employee who is taking products from an outdoor yard area. Does anyone know if I am within my rights to do this and can the video footage be used in evidence if a case went to court?

Also, the audio footage? I have been told that it may be unlawful to covertly record audio in the workplace.

For security reasons you might be able to put a camera on the outdoor yard area.

BUT, using hidden camera and audio, to spy on workers is not a good idea. A few years ago, there was a place out in, I think, Tallaght. There was a hidden camera in the canteen - all the employees were awarded about eight grand each.

You really need a clear cut answer, and you should speak to a solicitor. And maybe even the gaurds. If the footage is going to be used in a prosecution.

It might not even be an employee - thieves who steal from company yards, are often not employees of the company.

Kosseegan

There is no reason why the Garda cannot be contacted and a complaint made and recorded in writing. It can then be agreed with the Garda that a camera will be placed, covertly, in a particular location fro a period of some weeks, before the Garda interview anyone.

B.A._Baracus

This is a 2011 thread? Wonder what the op ended up doing?

If I owned a business and couldnt identify which employee is stealing. i would hate to fire the wrong person, while the real crook still gets employed :rolleyes: - so I would use a hidden camera to identify who it was... remove it....then I know. From what others say above you couldnt use that footage legally. But once you know who it is you can find other ways to prove they are stealing or even another way to sack them.

the_syco

B.A._Baracus wrote: »

This is a 2011 thread? Wonder what the op ended up doing?

Gah. Just saw that

I'd put a sign up saying "CCTV in Operation", and get a fake CCTV camera and put it facing the main door. And then put four real ones around the yard. I'd actually question why there isn't any there now, though.

Del2005

B.A._Baracus wrote: »

If I owned a business and couldnt identify which employee is stealing. i would hate to fire the wrong person, while the real crook still gets employed :rolleyes: - so I would use a hidden camera to identify who it was... remove it....then I know. From what others say above you couldnt use that footage legally. But once you know who it is you can find other ways to prove they are stealing or even another way to sack them.

Why not do as below? Stick up signs, place a few obvious cameras and one in a place people won't/don't usually look.

superscouse wrote: »

Define covert?

If you place an ordinary camera in a hard to see place - up high maybe, it would not be covert. Just because someone does not look up or in a particular place is their problem.;)

sparkling sea

From CIC website

Can my employer use surveillance cameras in the workplace?

Yes, provided there is proper consultation with employees concerning the introduction of the cameras and proper procedures are established and observed in their use. The surveillance should be transparent. The legitimate interest of the employer to protect the business will not justify any level of surveillance. The level used must be necessary and reasonable in all the circumstances.

The handling of the data collected should conform to data protection legislation and the data itself should not be kept longer than is necessary.

An employer whose suspicions are raised by footage from such cameras must ensure that proper and fair procedures are followed: for example, allowing the employee to view the evidence (the film footage), putting the allegation to the employee, allowing for a response and completing a thorough investigation.