Can an employer record (video and audio), their employees without them knowing?

[Septemberintherain]

DH and his work colleagues have recently discovered their employer (large company), records them all, daily.
They work outside, on the roads, as Highway operatives.
Their lorries are fitted with dash cams (both front and back) and obviously these are visible to all staff. They have always believed these are to pick up any issues whilst driving on the roads (road rage in events and accidents etc).
However, it’s recently been brought to light that when the lorries are parked up on the work sites (various roads in various towns/villages), these cameras (front and back) actually continue recording and film the staff working including all audio of the staff conversing with each other.
They are all unaware of this and have never agreed to this (verbally or written).
Does anyone know, is it perfectly legal to film your employees without their prior acknowledgment or agreement?
I am fully aware some companies need to do this at times but surely the staff must all be made aware of it?

I don’t know the answer but following with interest as my employer records employees and I have a strong feeling he secretly records what happens in the office (where I work) but not sure. Very interested to know if it’s legal or not.

No they can't.

GDPR regs regarding privacy.

Also nothing recorded without consent can be used for any disciplinary.

That’s awful JemimaPuddledock, surely that’s a violation against employees privacy?

Thanks you Cosmos123, that’s really good to know.

*anything recorded

• cannot be used

That’s interesting. The majority of cameras are not hidden and everyone is aware they are there, but I have a feeling my PC is bugged somehow, although I could just be totally paranoid

Cosmos123 DH work colleagues has a disciplinary this week for a health and safety issue. The company are using a recording as ‘evidence’. This is what has brought this to light, none of the employees agreed to this. Does that mean HR can not use this recording in the disciplinary meeting?

If the employer tries to use the material from the video they will be admitting to breaching employee rights under GDPR and will be liable for a counter claim. Is there a union?

MintJulia, thank you. There is a union, of which dh is a member but sadly, his colleague is not.

You don't need to be in a union to have have protection.

Google
Monitoring and surveillance at work by unison.

Lots of useful information there.

Thanks Cosmos123

Does anyone know, is it perfectly legal to film your employees without their prior acknowledgment or agreement?

It amazes me how many people become GDPR experts when asked a question like this, despite having no understanding of the actual relation 🙄

OP, I’m a data protection officer. The short answer to your question is that yes, it could still be perfectly legal, the employer does not require active acknowledgement or agreement from an employee in order to record them.

What they do need is a legitimate reason to do the recording and a privacy notice for employees which tells them how they process their data and why (amongst other things).

Most companies will put their employee privacy notice in an accessible place such as on the company intranet, but if your DH doesn’t know where it is he should ask HR if he can see it. If recording colleagues at work isn’t mentioned in there, or anywhere else, then the employer has a problem.

regulation*

Thank you so much GiltEdges

Are you positive about that? These cameras are not in a workplace. They are in a public place. And recording in a public place is not illegal and nobody needs permission to do this. Given that these are fixed cameras on lorries they are not, per se, pointed at anyone or specifically being used for monitoring purposes. They are simply always on - as is the camera system in my car. Many such systems are always on, because incidents such as theft etc do not tend to happen when the vehicle is being driven.

I am not aware of any law that says that anything recorded without consent cannot be used for any disciplinary. Perhaps you could point to that legislation? Especially since recording in a public place is legal, and the "workplace" in question here is a public road. But even in a workplace there are certainly circumstances were covert recording IS permitted. But there was nothing covert about these cameras. Everyone knew they were there, they just assumed that they were not operational. Assumption that the camera isn't working is an error on their part.

I am not sure what you mean by that statement, but I would point out, as I do often to people, that your employer is not "bugging" your PC (assuming they are!). They are "bugging" their PC. Regardless of whatever policies etc that are in place, nobody should say or do anything on a workplace PC that they wouldn't be happy to write up in 2 foot high letters and post on the works notice board! It astonishes me how many people have never read the workplace policy on use of IT - it more often than not gives the employer carte-blanche to access and view anything and everything on their computer.

Slightly off topic but still makes me cringe /laugh years later . I worked in a call centre the male supervisors were constantly making sexual innuendos and were very inappropriate towards the female staff . I got called into the office one day and made to listen to a recording of myself ( turns out there was a recording device under the desk ) telling new staff members to look for another job ASAP and how awful the management was . I just got my coat and walked out .

Quveas they have always been told the cameras are there purely for driving purposes they were never informed they are constantly recording. Not one of DH’s colleagues recalls being told any different. They were also never informed they record all audios from these dashcams also, meaning audios will have been picked up say, with an employee talking privately on his mobile phone to a friend/spouse or discussing personal business whilst on a break.

I work for an organisation that has dash cams and cameras in vehicles. Standard for the industry.

We have it covered in multiple policies spelling out what the footage can/can’t be used for.

Had someone try to sue us for an item falling and squashing them who evidently hadn’t ever noticed the cameras. (They aren’t hidden in any way.). We showed the footage of them pulling something onto themselves then lying under it waiting to be found and amazingly they went away.

It isn't about what they are told though. They are in a public place. Such recordings are lawful - if someone steals my car then I want to know who, but if it catches someone breaking into the neighbours car, that is also lawful. What matters is the written policy and, beyond that, the law on the matter. This was not, specifically, surveillance of staff, based on what you have said here. And nor was it particularly covert.

I totally get your point and why it is perhaps worrying - but I cannot see how this is unlawful. More than that, I can't see what you can do about it other than being aware not to say or do things that the employee doesn't want the employer knowing about. If their written policy doesn't cover this, you can bet it soon will, and there is almost zero chance that the powers that be would do anything more than slap their wrists if you report it.

I totally get that nobody likes living in a surveillance society. I wouldn't like this either. But that doesn't mean it doesn't happen. You would be shocked at how much technology is out there monitoring you all the time.

GDPR isn't directly relevant to this question and doesn't do what some people replying to this think it does. GDPR only prescribes how the resultant recordings are handled and processed, and gives certain rights to those on the recordings.

This type of recording can be legal. But the employer must inform the employees what's being recorded and when, and have policies and procedures for what it may be used for, how long it's retained, etc. This type of recording is not uncommon in the haulage industry,

Your DH needs to ask his employer about this. It's not a situation where MN randoms can give a full answer.

Can employers record you - yes.
Can they use it against you - yes

Question is, if they dismissed you, by using the recording as part of their evidence gathering - well, you'd have to see if you could take it to a tribunal and what would your losses be if you did actually do the thing - potentially not alot as you'd still have been dismissed for doing the thing.

So everyone needs to assume that anything they say or do at work could at some point be recorded and behave appropriately. It is quite a risk to rely on them being 'wrong' to record you if they dismiss you for stuff you are doing.

Thanks for your input everyone. I will pass it on to DH.

I had this in an office I worked in when I discovered there was a camera. I was really pissed off and said so and everyone else told me to stop banging on about it. They said it was for safety reasons, bullying and stuff

Recommend spending time on the ICO website, there is a live chat should you wish to get answers from the horse's mouth.