Hidden CCTV cameras and permission

rizzodun

Ok, so myself and a work colleague were having a discussion over lunch and we were wondering about the following:

If a place like a school or workplace had CCTV cameras but they were hidden, and the pupils/staff/employees were not told they existed or that they were being filmed, can this be legally done? We weren't sure due to the fact (as far as we know) that you can film in a public place without making people aware, but wouldn't these places be technically classed as private places? I'm no expert, probably have it all arseways!

Pro Hoc Vice

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

"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 that a written specific policy be put in place detailing the purpose, justification, procedure, measures and safeguards that will be implemented with the final objective being, an actual involvement of An Garda Síochána or other prosecution authorities for potential criminal investigation or civil legal proceedings being issued, arising as a consequence of an alleged committal of a criminal offence(s).

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."

rizzodun

Pro Hoc Vice wrote: »

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

"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 that a written specific policy be put in place detailing the purpose, justification, procedure, measures and safeguards that will be implemented with the final objective being, an actual involvement of An Garda Síochána or other prosecution authorities for potential criminal investigation or civil legal proceedings being issued, arising as a consequence of an alleged committal of a criminal offence(s).

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."

Thanks, the discussion started from a rumour they had heard about a school using hidden cameras in the yards to monitor students, I stress it was a rumour, with no evidence to say otherwise, but it got us to thinking how legal would it be in a school/work environment. So basically it is unlawful, and would need permission with reasons before starting? I'd be pretty sure no school or business would employ this method, as it'd probably leave them open to some sort of legal action.

Peregrinus

rizzodun wrote: »

. . . I'd be pretty sure no school or business would employ this method, as it'd probably leave them open to some sort of legal action.

Plus, for obvious reasons overt surveillance is generally much more effective at preventing crime/misbehaviour/disorder, which is usually the outcome that the property owner wants.