gary_580

This is not UK law but i would have thought the same principles might be true so might be worth you searching this out.

When can an employer use covert video surveillance in the workplace?

If an employer wishes to use covert video surveillance there are a number of requirements that must be observed:

· it must be used only to detect whether an employee is engaged in an unlawful activity in the workplace Section 7(1)(a). It is not allowed to be used to check whether an employee is present or is doing his or her job properly, or for other monitoring purposes;
· the employer must obtain a covert surveillance authority from a Magistrate approving the covert surveillance Section 7(1)(b);
· the surveillance must be carried out in accordance with the terms of the covert surveillance authority Section 18;
· the surveillance must not continue for more than 30 days Section 16;
· the covert surveillance must not take place in a change room, toilet, shower or bathing facility Section 9(3)(b); and
· the surveillance must be overseen by a nominated licensed security operator Section 9(2)(a). Licensed security operator is defined at s.3 to be "a person holding a Class 1 licence issued under the Security (Protection) Industry Act 1985 or a licence of a corresponding kind issued under any Act that replaces that Act". The Security (Protection) Industry Act 1985 has since been replaced by the Security Industry Act 1997. Under s.11(1) of that Act, a Class 1A licence authorises the licensee to "patrol, guard, watch or protect property ... ". The requirements for obtaining and operating under such a licence are set out in that Act; for example, holders of Class 1A licences must be employed by a person holding a 'master licence' issued under that Act. .

Employers are strongly advised to contract a licensed security operator to set up and conduct any covert video surveillance.

After the covert surveillance has taken place employers have a number of further obligations:

· the employer must not use the recording for an irrelevant purpose (that is one unrelated to legal action, disciplinary action or amending security procedures as a result of the illegal activity) Section 8;
· the employer must ensure that any recordings within his or her control are protected against loss, unauthorised access or use. (One precaution that could be taken is for an employer to erase all recordings as soon as they cease to be of use in relation to disciplinary or legal action);
· the employer also has a duty to report back in writing to the Magistrate issuing the authority, within 30 days of its expiry, the results of the surveillance Section 23; and
· if the employer proposes to take any detrimental action against an employee as a result of the covert surveillance, then that employer should provide the employee or the employee's lawyer with reasonable access to the recording Section 17(1)(d).