Dear Clementine,

In this particular scenario I cannot see what significance there is in
whether the camera is fixed or not.  The Information Commissioner
released a "guidance note" on the use of CCTV systems following Durrant
(see http://www.informationcommissioner.gov.uk/eventual.aspx?id=5739)
which did seem to differentiate between cameras which were able to zoom
in or not, but the basis of the advice was whether someone's privacy was
affected.  It seems to me in this situation that particular member of
staff's privacy is affected either way, which means that you have to
consider all the usual points dictated by the DPA ie. were the images
collected fairly and lawfully; was the member of staff aware that the
CCTV footage might be viewed for this purpose, and whether the system
was registered for this purpose etc.  The likelihood is that the system
was registered for the purposes of crime prevention/detection only, so
you could find using the images for a disciplinary case problematic.  I
would certainly suggest that all other methods of investigation should
be exhausted first before resorting to looking at CCTV tapes for
evidence.



-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Clementine Amawo
Sent: 02 February 2006 13:52
To: [log in to unmask]
Subject: [data-protection] DP - CCTV - Advise please

Hello all,
This is the scenario -
A member of staff works for us on behalf of an agent in a homeless unit.

The agents have complained that this member of staff has been known to
allow homeless people to doss at this homeless unit without completing
relevant forms etc. So, it is now known by those that need such a place,
that if you go down to so and so, you will be let in no question asked
no paperwork completed.
 
At the entrance of the building of the homeless unit is CCTV (fixed)
with the relevant signage for all to see, it covers  just the area of
the entrance of the homeless unit and a part of the reception area. The
manager of this member of staff now wants to know where he stand in
terms of looking at recorded CCTV images in order to find out whether
the member of staff is actually breaching policy. The manager has
confirmed that though the CCTV cannot be manipulated, in terms of
zooming in and out and all that high tech stuff, the recorded images can
be zoomed in on. So in other words, he will zoom in on a recorded image
in order to find out what this member of staff has been doing.
 
The manager is wary of doing this in case the member of staff comes back
shouting invasion of privacy, etc.
I have advised the manager that the best way round this is to let the
member of staff know that complaints have been made against him and give
the staff member a chance to tell his own side of things. 
If the manager feels that the case needs investigating  further
(including looking at recorded images) (towards disciplinary and all
that), then he should inform the staff member of such.
 
Could anyone tell me what the procedure is regarding FIXED CCTV in this
situation.
Cheers
Clementine Amawo
Information Management / Date Protection Officer Circle Anglia Ltd

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