Electronic eyes

We read various articles and letters about CCTV cameras on our roads. But little do we realise that in various places of work many are those employers who install such equipment to monitor the activity taking place at their premises.

The right to install CCTV cameras at places of work, intercepting e-mails, telephone and internet use and other related issues have today become a common occurrence in industrial and employee relations.

Employers are becoming ever more concerned with monitoring their employees' activity at the place of work as a result, possibly, of the vociferous competition in today's world when the utmost is being expected from every employee during working hours. But such devices as CCTV cameras at the places of work are also important means for employers (and employees alike) in terms of security at the place of work.

We, as most other European countries, do not have any specific legislation covering the installation and operation of CCTV cameras at the place of work. The two most important pieces of legislation are definitely the right to privacy and the Data Protection Act.

I hereby share some personal views on this issue of CCTV cameras at the place of work.

There ought to be a clear policy which sets out parameters when it comes to the monitoring that should take place through the installation of CCTVs. It should also be laid down that, in the operation of such cameras, all individual employee rights in respect of private life and privacy should be observed. A set of rules, on a case by case basis or as a common code of practice, to attain a balance between the employer's exigencies and interests and each employee's rights should be prepared. And of the salient features of such rules, agreements, policies and code of practice (or legislation, why not?) I deem the following as among the most important:

CCTVs should always be introduced following consultation with the employees' representatives who, on their part, should never object to such a proposal in the interest of their same members but who should always see that the rights and obligations of the employers and employees alike are protected and observed.

The types of monitoring taking place, the reasons for such monitoring, the sort of information obtained, when, how and why it will be obtained, how such information will be used and to whom it will be disclosed should be communicated by the employer to the employees throughout the consultation process.

CCTVs should not be intended for the direct monitoring of any employee and should be used in the least possible intrusive manner on the privacy of all employees. Furthermore, there should be a specific time limit for the storing of the video footage.

No "covert monitoring" (that is, monitoring as a tool for fishing expeditions on any employee) should be acceptable, except where the company has grounds of suspecting criminal activity or extremely serious malpractice by any of its staff.

In such cases, senior management personnel are expected to sign off on any decision and such monitoring should only take place to monitor employee behaviour but not contract performance. In any case, when a video footage may lead to disciplinary action against an employee, the employer should ensure that all disciplinary procedures are carefully adhered to and observed.

Employers should manage and store all information acquired through the CCTVs properly and in a manner according to law, and should observe all their obligations in terms of the Data Protection Act in respect of the keeping and processing of data, the appointment of a data controller, obtaining any data fairly and lawfully, using the data obtained for a specific purpose, limiting the data to adequate and relevant data and not holding the data for longer periods than necessary, among other obligations arising out of the Data Protection Act.

Such areas as cloakrooms, toilets, vehicles and private offices are places where employees are entitled to full protection of their privacy.

There are of course more issues worth discussing. Employers, unions and other interested parties should start discussing some code of practice to regulate such issues. In addition, legislators ought to see whether the employment laws need any amendments to cover these new and modern issues in employment relations.

As the world around us changes and progresses, we should all positively react and strike the right balance between the various interests. CCTVs at the place of work should not be an issue of concern but something about which interested parties should agree upon in their respective interests.

Dr Spiteri Bailey is a lawyer by profession.