In a message dated 05/09/03 15:37:53 GMT Daylight Time,
[log in to unmask] writes:
> A manager (who has legitimate access) has viewed CCTV tapes (not live
> images) to see if an employee who is off sick, is working at their second
> job, after an anonymous tip off. We are not registered to use CCTV for this
> purpose, can we rely on an exemption?
>
--------
A recent case may be relevant - although in this case the surveillance was
covert, and CCTV cameras are properly signed (or should be), it is likely that
unannounced use of CCTV may be similarly viewed. The fact that s29 was
probably not applicable may also be true in your case.
According to the ICO annual report:-
"An employer believed a member of staff was claiming more hours than he was
working. The employer used an organisation to conduct covert surveillance of
the employee and subsequently the employee was dismissed. The employee made a
request for assessment to the Information Commissioner. The employer believed
they could rely on s29(1), the crime and taxation exemption. Although
potentially the employee may have committed a criminal offence, it was unlikely the
employer could rely on s29(1) as covert surveillance can only be justified
where complying with the Act would be likely to prejudice the specific exempted
purposes. It did not appear that the data controller had conducted a
considered and realistic assessment of whether this was the case."
Hope this helps
Ian
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
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