Is it legal to use work cameras to spy?

lkionm

Is it legal for a manager to watch CCTV cameras and effectively spy on his workers to make sure they are doing work? It see what they do?

So my manager has this thing of asking what work was done, grand the usual kinda rubbish.

But then he says ah sure I know what you do anyway from checking the cameras. In his office right next to him in the screens playing in real time.

But can a manager just rewind the CCTV and watch to see what people are doing?

Not that I'm doing anything wrong, just interested.

MouseTail

As long as staff are aware they are being filmed, it is legal.

lkionm

MouseTail wrote: »

As long as staff are aware they are being filmed, it is legal.

Yeah we are aware we are on camera, but is he allowed sit down and see what little johnny was up to yesterday evening?

It's probably more a trust thing than anything. I guess it's rather irritating he checks the camera to make sure people are working.

AltAccount

Do you know that he rewinds and watches, or is he seeing it live because it's within view of his desk?

Does it matter that he watches? He pays for certain tasks to be completed and for other things to not be done. Is he not allowed to be aware if someone's breaking their "deal" with him?

Hoagy

You can read about the Data Protection aspect here.

XsApollo

You can't just put a camera in a workspace to watch people working.
There are laws about cameras and privacy.
Cameras can be put in to protect property that's being damaged by workers or to protect people from bullying and to protect entrances.
If there is a camera put in a workspace it has to made aware to all employees and signs put up.

He needs a valid reason to have them in your workspace and not just to spy on his workers, that's not legal.

melekalikimaka

XsApollo wrote: »

You can't just put a camera in a workspace to watch people working.
There are laws about cameras and privacy.
Cameras can be put in to protect property that's being damaged by workers or to protect people from bullying and to protect entrances.
If there is a camera put in a workspace it has to made aware to all employees and signs put up.

He needs a valid reason to have them in your workspace and not just to spy on his workers, that's not legal.

I would disagree, I have never heard of this being illegal, do you have anything to back this up?

Just suck it up, its not unheard of in some places

XsApollo

melekalikimaka wrote: »

I would disagree, I have never heard of this being illegal, do you have anything to back this up?

Just suck it up, its not unheard of in some places

I'll post it later.
On iPhone in work now.
I was actually reading up about this recently as there was talks about cameras being installed to monitor a certain area where I work because people were damaging lockers and stuff.

Mrs OBumble

lkionm wrote: »

Yeah we are aware we are on camera, but is he allowed sit down and see what little johnny was up to yesterday evening?

It's probably more a trust thing than anything. I guess it's rather irritating he checks the camera to make sure people are working.

Yes.

Would you rather that he moved his desk out onto the floor so he could be there watching you in person all the time?

If little johnny was doing what he was supposed to be, then there wouldn't be an issue here.

MarkR

I can't see how it would be illegal, provided it is not covert, and the employees are aware of it.

Reekwind

Mrs OBumble wrote: »

If little johnny was doing what he was supposed to be, then there wouldn't be an issue here.

Well that's not necessarily the case. The innocent don't always have nothing to fear from the police and whatnot. Some people are just paranoid control freaks

XsApollo

Ok its open to interpretaion as usual.
But i would say what your boss is doing is ilegal.
I would say what he is doing is challengable( is that a word?:))

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/monitoring_and_surveillance_at_work/surveillance_of_electronic_communications_in_the_workplace.html.

If you really want to know, ring the number at the bottom of the page.

melekalikimaka

privacy law is so vague over here, you pretty much resign your right to privacy once you open your curtains in this country, the only time it becomes an issue is in relation to how the images are used regards defamation and such.

i cant see how you can legally complain about a camera monitoring you in a place of work... whats the difference between a security guard watching you and your boss? The reasons? Doesn't seem like you are being invaded any more because its your boss watching you

Nody

Now prove that he's actually using the videos that way and you might have a case; until then there's nothing you can do to stop him from double checking basically.

MonstaMash

All usage of CCTV other than in a purely domestic context must be undertaken in compliance with the requirements of data protection legislation.

As CCTV infringes the privacy of the persons captured in the images there must be a genuine reason for installing such a system.

If installing such a system, it is required that the purpose for its use be displayed in a prominent position.

Employers may use CCTV to monitor the workplace for various reasons.

If CCTV is installed in a workplace, the employer should use signage to inform employees of the location of the cameras and to explain the purpose for which they are installed.

Under the Data Protection Acts, if your employer informed you that the CCTV cameras were installed to prevent, for example, theft from the workplace, the CCTV footage cannot be used for another purpose such as recording the entry and exit of employees from the workplace.

Taken from Citizens Information website http://www.citizensinformation.ie/en/

MonstaMash

MonstaMash wrote: »

Under the Data Protection Acts, if your employer informed you that the CCTV cameras were installed to prevent, for example, theft from the workplace, the CCTV footage cannot be used for another purpose such as recording the entry and exit of employees from the workplace.

Taken from Citizens Information website http://www.citizensinformation.ie/en/

This is the most important bit.

I used to work in CCTV for a few years, and telling that to our clients was mental. They just couldn't understand it at all.

Bandana boy

The reality is a manager can not unsee a piece of footage.
If he sees you dossing off when you should be working and addresses this with you ,asking if the means of which he noticed you dossing off was CCTV not being used for its advertised purpose will not get you very far.

Bandana boy

Bandana boy wrote: »

The reality is a manager can not unsee a piece of footage.
If he sees you dossing off when you should be working and addresses this with you ,asking if the means of which he noticed you dossing off was CCTV not being used for its advertised purpose will not get you very far.

If you were sacked because of him seeing it on the CCTV, you would have a case for unfair dismissal though.

Bandana boy

Deleted User wrote: »

If you were sacked because of him seeing it on the CCTV, you would have a case for unfair dismissal though.

unless he was scheming enough to say he saw you dossing and deny it was on CCTV.

Jim2007

MonstaMash wrote: »

All usage of CCTV other than in a purely domestic context must be undertaken in compliance with the requirements of data protection legislation.

As CCTV infringes the privacy of the persons captured in the images there must be a genuine reason for installing such a system.

If installing such a system, it is required that the purpose for its use be displayed in a prominent position.

Employers may use CCTV to monitor the workplace for various reasons.

If CCTV is installed in a workplace, the employer should use signage to inform employees of the location of the cameras and to explain the purpose for which they are installed.

Under the Data Protection Acts, if your employer informed you that the CCTV cameras were installed to prevent, for example, theft from the workplace, the CCTV footage cannot be used for another purpose such as recording the entry and exit of employees from the workplace.

Taken from Citizens Information website http://www.citizensinformation.ie/en/

Well just because citizensinformation.ie says so does not make so. These statements on the website are completely devoid of a reference to underlying legislation or case law, without such references it should not be relied upon regardless of the source.

Thrill

Data protection and the use of CCTV

http://www.dataprotection.ie/docs/Data-Protection--CCTV/242.htm

Eoin

Jim2007 wrote: »

Well just because citizensinformation.ie says so does not make so. These statements on the website are completely devoid of a reference to underlying legislation or case law, without such references it should not be relied upon regardless of the source.

I've found it a great site to link to. And in fairness, their page links to the data protection website; including a link to a document which consolidates the acts in question.

Jim2007

Thrill wrote: »

Data protection and the use of CCTV

http://www.dataprotection.ie/docs/Data-Protection--CCTV/242.htm

And yet another opinion! Data commissioner is not part of the judiciary. It remains for the courts to decide if CCTV is covered and even if it is, is the employer in breach of the law. Remember employers are not prohibited from collecting personal data provided that it is knowingly collected for business purposes, correctly managed and destroyed when no longer required.

Jim2007

Deleted User wrote: »

If you were sacked because of him seeing it on the CCTV, you would have a case for unfair dismissal though.

Not necessarily, if it was recorded in secret yes, but if it is recorded as the OP describes that may not be the case.

No Pants

Is the OP entitled to see a copy of any footage of him collected? How long is the manager allowed to keep it for?