THE INTERSECTION OF DATA PROTECTION LAW AND WORKPLACE SURVEILLANCE TECHNOLOGIES

Data protection legislation remains stringent in its application across the UK.

In an ever-advancing commercial world, the breadth of what businesses need to protect has expanded vastly in recent years. From an operational perspective, it is being used to identify ways of increasing productivity. In the case of financial risk, it may be used as a deterrent against theft or property damage. When it comes to the workforce, it may be used to protect individuals from violence and aggression, which both continue to be on the increase.

The industry sector, what needs to be protected, the type of work and from where it is carried out are key factors to determining the type of surveillance system introduced and how it will be operated. The desired product may be CCTV, including both static and mobile cameras, vehicle tracking and dash cam systems, computer or facial recognition monitoring applications or wearable devices like body worn cameras (“BWV”).  Often added to the mix are continuous recording functions and the incorporation of complex AI-based systems to monitor the surveillance being recorded.

One type of surveillance that is growing in popularity is the use of body worn cameras in the workplace, usually with the key aim of protecting employees. Other reasons could be for third party safety, quality control, recording evidence or training. While the advantages from an employer’s perspective are numerous, it needs to be recognised that BWVs have the potential to be more intrusive than conventional CCTV systems. The Information Commissioner’s Office (“ICO”) thinks so too given the potentially negative impact this type of technology, which captures live footage, can have on the privacy of employees and those in close proximity.

The ICO has published detailed guidance to support employers to make the right choices for their business, protect people’s privacy and ensure legal compliance, particularly when it comes to the use of BWVs.

What does using BWV entail?

The following needs to considered:

• Is the use of BWVs justified?

  
  

• Is the use proportionate to the concern to be addressed and will it resolve the concern?

  
  

• Has a Data Protection Impact Assessment (“DPIA”) been undertaken?  This is a key step to ensure compliance as it will identify the impact on individuals’ rights and freedoms, which may need to be addressed.

Employers also need to be aware that a “strong justification” is required for the use of continuous recording. The rationale for this requirement is because the starting point for using systems in this way is excessive; recording is likely to be more intrusive as it may capture irrelevant information, such as the activities of third parties going about their daily business, as well as the activities of employees who are in focus. A key provision in the ICO guidance is whether there is the ability to turn the BWV on and off.

If audio recording is contemplated there are additional privacy considerations, including considering keeping it separate with its own data processing and retention requirements. Audio recording is seen as particularly invasive, given it may record not only employees but the general public in and around the workplace such as customers or other visitors. 

Additional consideration for employers

Employers will need to be able to provide information to affected individuals (those wearing BWV's and those who may be in sight) about the use of BWV, train staff in the use of BWV, have appropriate data retention and disposal policies in place, and have procedures in place to retrieve data and respond to subject access requests. It is also indicated that there should be the ability to blur or mask footage to protect the privacy of third parties.

The regulatory requirements can feel overwhelming. If, however, there is a compelling reasons to protect your business and employees there is no reason to be deterred; as long as the ICO guidance is followed and a full audit trail is maintained, Video surveillance systems, including BWV, can then be operated with the confidence that the business is compliant with data protection requirements.

Before embarking on any workplace surveillance system whether it involves BWV or some other product, employers should be mindful of the ICO’s guidance, which gives some indication as to the types of functionality that are more likely to allow for the right to data protection to be addressed. For example, does the technology allow for the surveillance to be controlled remotely, can data relating to third parties be redacted and can the data be stored securely and be easily retrievable? Governance and compliance needs to be built into the buying decision.

At FG Solicitors we provide comprehensive support with your surveillance, monitoring, data protection and retention protocols to ensure your business meets the highest regulatory and compliance standards. We can assess your current policies and procedures, assist with Data Protection Impact Assessments, privacy notices and implement any tailored remedial measures to bring your business up to speed.

Contact FG Solicitors today on 0808 172 93 22 or

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This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.