My boss is monitoring staff via CCTV. Is this legal?

specialboy

Jamopy wrote: »

I actually have a CCTV operator SIA license, do you?

You can dislike the laws, and as i said earlier actually proving offence is very difficult, but that doesn't change the fact that they are laws and you are violating them.

Have you been asleep for the last 6 months or what? By the way, you don't need an SIA licence to monitor CCTV.

makeyourdaddyproud

Jamopy wrote: »

I actually have a CCTV operator SIA license, do you?

You can dislike the laws, and as i said earlier actually proving offence is very difficult, but that doesn't change the fact that they are laws and you are violating them.

It would be prudent for you to point us to the relevant web links that would refute the challenge made by Tiddlywinks to your earlier post, instead of simply championing your credentials, I think.

Our eyes await...

rochja

Public Space Surveillance (CCTV)
A Public Space Surveillance (CCTV) licence is required when manned guarding activities are carried out through the use of closed circuit television equipment to:

monitor the activities of a member of the public in a public or private place; or
identify a particular person.
This includes the use of CCTV in these cases to record images that are viewed on non-CCTV equipment, but excludes the use of CCTV solely to identify a trespasser or protect property.

Surely this CCTV is NOT being used for manned guarding activities and hence requires no licence

dearlouise

rochja wrote: »

Public Space Surveillance (CCTV)
A Public Space Surveillance (CCTV) licence is required when manned guarding activities are carried out through the use of closed circuit television equipment to:

monitor the activities of a member of the public in a public or private place; or
identify a particular person.
This includes the use of CCTV in these cases to record images that are viewed on non-CCTV equipment, but excludes the use of CCTV solely to identify a trespasser or protect property.

Surely this CCTV is NOT being used for manned guarding activities and hence requires no licence

You've pasted irrelevant information. The above links to the public. I would imagine that given the person is employed, in a private workplace, this wouldn't bear the same weighting.

Even if it were relevant... It also states manned guarding activities. That's not what the boss is carrying out. The boss isn't acting as the security guard here.

Simon_Stir

Jamopy wrote: »

Strictly speaking, if they don't have SIA licenses they're not allowed to bein CCTV control rooms or monitor the feed of the system.



Data protection laws are pretty clear, and simply using CCTV to look over your employees shoulders as they work is illegal. Proving they are doing that may be difficult though.

Hello I joined this forum today for a completely different issue to this but I to am SIA CCTV trained and just thought I could chip in here maybe help a little, I can confirm that it is in fact illegal to watch anyone without the correct authorisation, It would come under the data protection act/invasion of privacy.


As the previous person said and is also correct, Even the police can not just walk in to a CCTV control room, they to need written authorization or a rank of super intendant or above needs to be present for the access request.


The main reasons for this is to protect the authenticity of any evidence that could be used in a court of law and they do not have the training that is a legal requirement.

anamenottaken

Simon_Stir wrote: »

Hello I joined this forum today for a completely different issue to this but I to am SIA CCTV trained and just thought I could chip in here maybe help a little, I can confirm that it is in fact illegal to watch anyone without the correct authorisation, It would come under the data protection act/invasion of privacy.


As the previous person said and is also correct, Even the police can not just walk in to a CCTV control room, they to need written authorization or a rank of super intendant or above needs to be present for the access request.


The main reasons for this is to protect the authenticity of any evidence that could be used in a court of law and they do not have the training that is a legal requirement.

Please give full reference (eg section, paragraph numbers) of a specified Act which makes this requirement.

Simon_Stir

anamenottaken wrote: »

Please give full reference (eg section, paragraph numbers) of a specified Act which makes this requirement.

To be honest there are a few of these that are very very similar.


Article 8 of the European Convention on Human Rights concerns the right to family and private life. This includes the right to respect for an individual’s home and correspondence. The right contained in Article 8 is known as a qualified right which means that there may be circumstances in which some interference with it is justifiable. This right means that an individual has the right to the level of personal privacy which is compatible with a democratic society, taking into account the equivalent rights and freedoms of others. Any interference with this right by a public authority may be subject to a test of acceptability.

Paypeanuts

Simon_Stir wrote: »

Article 8 of the European Convention on Human Rights concerns the right to family and private life. This includes the right to respect for an individual’s home and correspondence. The right contained in Article 8 is known as a qualified right which means that there may be circumstances in which some interference with it is justifiable. This right means that an individual has the right to the level of personal privacy which is compatible with a democratic society, taking into account the equivalent rights and freedoms of others. Any interference with this right by a public authority may be subject to a test of acceptability.

Sorry mate that's rubbish. What you are allowed to do in a private company vs being an arm of the state is different to public sector, and this thread is about a manager watching cctv to review staff actions, not members of the public, and not during their break time. Therefore none of this applies. He is simply checking that their paperwork is legitimate rather than made up.
Sounds like the sia exam is far, far too simple.

amiehall

I'm sure that this licence nonsense just can't be true. Most companies I've worked at just have the monitor in the office for anyone walking past to see. My last firm even had a lengthy CCTV policy so I can't imagine that they were allowing us to break the law every time our eyes fell onto the screen.

Tiddlywinks

Let's get back to basics...

Here's the Information Commissioner's Office CCTV Code of Practice:

http://ico.org.uk/for_organisations/data_protection/topic_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/ICO_CCTVFINAL_2301.pdf

Appendix 3 is particularly relevant.

As to the SIA licensing... no requirement for a license (other than for specific security functions) they just need to be an 'authorised' employee of the company... just to prevent it from being viewed by anyone at anytime.

http://www.sia.homeoffice.gov.uk/Documents/licensing/sia-cctv-flowchart.pdf

http://www.sia.homeoffice.gov.uk/Pages/licensing-activities.aspx

As another poster has said, don't confuse the requirements and restrictions placed on public bodies (such as RIPA) with the less limiting restrictions on corporate and private individuals.

The company in question (a really old question too, so a bit confused by the 'resurrection') can use CCTV as long as it is proportionate in its use and suitably protective of the data.