I'm not in work tomorrow, so will make a Friday post today:
There's been quite a lot recently from Care Quality Commission (CQC) about surveillance in care homes, and we are coming across increasing numbers of patients who have CCTV installed in their own homes. I encourage our staff who are working in these environments to recognise the advantages if any allegations are made - if they are acting 100% professionally then recordings can protect them.
An unhappy member of staff sought advice from their professional body, who told them - quite rightly - that their employer could not record them etc. I pointed out that it wasn't us recording, it was the patient. Here's the Friday Q: since our staff are funded with public moneys and contracted by statute to provide health and social care services 'to anyone'/without discrimination, could it be argued that the patient is their employer and therefore should not be recording staff in the course of their duties?
It seems that ICO and CQC guidance on surveillance are in danger of running into conflict? It will be VERY interesting to see what comes out when EU DPR is implemented.
Sandre
Sandre Jones
Information Governance Lead
Nottingham CityCare Partnership
Rm 44 New Brook House
385 Alfreton Road
Nottingham
NG7 5LR
Tel: 0115 883 9534 EXT 39534
Mob - preferred: 07545 422312
Nottingham CityCare Partnership CIC is registered as a company limited by guarantee.
Company Registration Number: 07548602
Registered address: 1 Standard Court, Park Row, Nottingham, NG1 6GN
-----Original Message-----
From: Charles Christacopoulos (Staff) [mailto:[log in to unmask]]
Sent: 21 September 2015 16:46
Subject: Re: CCTV and Staff Monitoring
Hi
From memory when I was interested in what you post (late 1990s/early 2000) CCTV could not be used for monitoring employees e.g. time keeping, or with whom they arrive at work in "the car". It would be different if an employee was breaking the law (e.g. health and safety regulations of the employer).
I hope I am right ;-)
Cheers
Charles
--
Charles Christacopoulos, Management Information Officer, University of Dundee, Dundee, DD1 4HN, United Kingdom.
t: 44(0)1382-384891 w: www.somis.dundee.ac.uk
________________________________________
From: This list is for those interested in Data Protection issues <[log in to unmask]> on behalf of Seth Speirs <[log in to unmask]>
Sent: 21 September 2015 15:58
To: [log in to unmask]
Subject: [data-protection] CCTV and Staff Monitoring
A recent grievance case centred around the accusation that a line manager had used CCTV to monitor another staff member's start and finish times.
As it turned out there was no evidence to substantiate the claim. The case nevertheless got me running for our ICO registration and Monitoring at Work Policy to check whether we would have been covered had the CCTV allegations turned out to be true.
The main purpose of using CCTV is to prevent and detect crime, but our ICO entry also notes that CCTV may be used to "monitor staff when carrying out work duties". This is a bit of a catch all to cover any eventuality where CCTV may be used.
We also have a CCTV Policy which clearly sets out that all requests for access to CCTV must be approved by our Departmental Security Officer - which essentially means that a case must be made for each access and they will seek to balance the an individual's right to privacy against the seriousness of the allegations in making a decision.
However our Monitoring at Work Policy is vague on the subject so I am looking to revise this.
My question is this: Is our current approach an acceptable one (ie consider each case on its merits) or is the use of CCTV to monitor staff work times in any circumstance off limits? What about proximity card data in similar circumstances?
Seth Speirs
Assistant Departmental Security Officer
Public Prosecution Service
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