Is this legal?

[Deleted User]

To record CCTV from a commercial premises onto a personal mobile phone. 

The person who was being  recorded has a possible  disciplinary coming up, and I saw my boss recording the CCTV onto her personal mobile phone. 

Is this legal?

oh_really

Raise concerns with the organisation data controller.

Jillanddy

DeletedUser said:

To record CCTV from a commercial premises onto a personal mobile phone. 

The person who was being  recorded has a possible  disciplinary coming up, and I saw my boss recording the CCTV onto her personal mobile phone. 

Is this legal?

Almost certainly not. But unless you are the person facing the disciplinary and/ or can prove what you saw, I wouldn't suggest painting a target on your own back. 

[Deleted User]

My boss is the data controller. 

[Deleted User]

Jillanddy said:

DeletedUser said:

To record CCTV from a commercial premises onto a personal mobile phone. 

The person who was being  recorded has a possible  disciplinary coming up, and I saw my boss recording the CCTV onto her personal mobile phone. 

Is this legal?

Almost certainly not. But unless you are the person facing the disciplinary and/ or can prove what you saw, I wouldn't suggest painting a target on your own back. 

I'm not going to say anything, I was just curious. the disciplinary doesn't concern me. 
The recording of the cctv will have been recorded by the cctv 

Sandtree

Jillanddy said:

DeletedUser said:

To record CCTV from a commercial premises onto a personal mobile phone. 

The person who was being  recorded has a possible  disciplinary coming up, and I saw my boss recording the CCTV onto her personal mobile phone. 

Is this legal?

Almost certainly not. 

What law do you think they are breaking?

Lets assume its a CCTV camera on the side of the building pointing at the premises car park... what's the difference between recording the person on your phone from the window next to the camera -v- recording from the camera's display?

DeletedUser said:

My boss is the data controller. 

So your manager is the Data Protection Officer but you dont know about data protection? What other hats does your manager have that you work for them?  

Jillanddy

What law do you think they are breaking?

Taking the OP at their word, they recorded it on to a personal phone. Assuming that they had properly processed use of CCTV on the workplace premises for the workplace CCTV, I would seriously doubt that their published processes included the right for anyone to download or copy that material onto a personal phone. That would be a breach of GDPR. Which is a law. 

[Deleted User]

I could see the footage that was playing on the screen, it wasn't outside the building, it was inside. 
We don't have a data protection officer as such, but my boss is in charge of the cctv. 

She was videoing on her phone because she's obviously forgotten how to download the cctv as a file onto the computer. 

[Deleted User]

Jillanddy said:

What law do you think they are breaking?

Taking the OP at their word, they recorded it on to a personal phone. Assuming that they had properly processed use of CCTV on the workplace premises for the workplace CCTV, I would seriously doubt that their published processes included the right for anyone to download or copy that material onto a personal phone. That would be a breach of GDPR. Which is a law. 

That's what I thought. Thanks! And tut tut to my boss 

Jillanddy

DeletedUser said:

Jillanddy said:

What law do you think they are breaking?

Taking the OP at their word, they recorded it on to a personal phone. Assuming that they had properly processed use of CCTV on the workplace premises for the workplace CCTV, I would seriously doubt that their published processes included the right for anyone to download or copy that material onto a personal phone. That would be a breach of GDPR. Which is a law. 

That's what I thought. Thanks! And tut tut to my boss 

To be fair,  I'm assuming that you are correct that it was a personal phone.  If it was a business phone then the answer might be somewhat different. And Sandtree would be correct in that if an action was recorded directly on to a personal phone,  it would certainly still be useable for employment/ disciplinary processes. The questionable act is limited to using a personal phone to process such data. And in all honesty,  it's a minor infringement.  It wouldn't impact at all on the disciplinary if challenged, even in court.  And the Data Commissioner would record a slapped wrist at best. Probably wouldn't do more than issue advice. 

Thrugelmir

DeletedUser said:

To record CCTV from a commercial premises onto a personal mobile phone. 

How do you know it's a personal mobile not a works one?