The UK is recognised as a leading user of CCTV and large numbers of employers use it to monitor their premises. The Information Commissioner’s Office (ICO) has published an updated code of practice for CCTV and other types of surveillance cameras. The code provides guidance for those operating CCTV cameras that view or record individuals’ information and how to ensure you comply with the Data Protection Act 1998. It also offers further guidance for intrusive devices such as body worn cameras, automatic number plate recognition and other more modern forms of recording devices.

Any employers who utilise recording devices of any nature should ensure that they have appointed a person to establish responsibility for the control of the information. You should decide what needs to be recorded and who it will be disclosed to. This person is legally responsible for compliance with the Data Protection Act and we recommend that they take the time to read the ICO’s guide. It can be found here.

The guide contains a warning to employers to ensure that employees know they are being recorded and how the information may be used. Employers should be careful about who the information is disclosed to and take advice from us if reliant on recorded evidence in disciplinary procedures.

A final point to be aware of it that employees may make subject access requests to view the data and any requests should be responded to within 40 days.

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