Surveillance Cameras and Privacy at Work

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We endeavour to make an initial response to all enquiries within 24 hours but please be aware that on some occasions due to prior commitments or volume of calls we will not be able to respond in that time frame. We also operate a 72 hour return policy. This return policy means that if we have not responded with 72 hours of your initial enquiry we are unable to do so due to current workloads and we will destroy your data accordingly. This policy ensures you are not left waiting and have the certainty that your data is not compromised. In most instances however we are able to make contact within a 24 hour time frame. Please note our free initial advice service is available to clients at our total discretion and if your case is of a complex nature we may not be able to offer you a free consultation. However in these instances we will advise you what the charge would be for an initial fixed fee consultation.
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In Lopez Ribalda & Ors v Spain, the European Court of Human Rights held that covert surveillance in the workplace did breach the employees concerned right to privacy (contained in Article 8 of the European Convention on Human Rights)

In this case, a supermarket had been experiencing theft and subsequently installed some surveillance cameras. Workers were informed of the visible cameras aimed at possible customer thefts, but were not told about others that had been placed covertly, aimed at recording possible employee thefts

The covert images enabled the supermarket to dismiss several employees. Some of the employees concerned alleged that there was a breach of Article 8.

A Spanish court found that the covert surveillance was justified and appropriate in this situation. However, the European Court of Human Rights did not agree. It considered that the Spanish court had failed to strike a fair balance between the rights involved. It was relevant that the covert video surveillance was not targeted at particular individuals and as such, it filmed all staff. Further, there was no time limit attached to the surveillance as it filmed staff over a period of weeks and during all working hours.

Written by
Lorraine Emery
7th February 2018