To think this is against GDPR

[Outandabout43]

Listening and watching a private conversation on CCTV from a mobile phone that happened on comercial property between the owner of the business and a paying customer. Conversation was nothing to do with the business

No this is not a breach of gdpr

Er nope, phone conversations are not covered by GDPR.

Doesn’t sound like it. Who was listening/ watching and how are you involved?

Wasn't a phone conversation. Customer and owner having a private conversation on the premises, employee watched and recorded said conversation

Yes if it was cctv footage and not their own recording from their phone.

OK but the point stands, GDPR is about your personal data, not what you say to people in conversation.

I have access to the CCTV on my phone for any issues when property is closed, im the employee. Notification popped up on my phone and I was watching the CCTV which had audio of the conversation between the company owner and the customer. I admit it was a personal conversation, however I now have a meeting in regards to this

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/
Should have the answer to your question.
Will depend on what the employee has captured.

I agree. It might be against something, but it isn’t against GDPR, that’s very specific.

When you record someone, you create data, some of it personal.

If you have been given authorisation to access the cctv on your phone by the company/owner, you haven't done anything wrong. However, why did you record the conversation and what did you then do with it? How did the owner find out you recorded the convo?

So you as an employee watched and then recorded a private conversation between the owner and a customer?. It's not a breach of GDPR, but it may well fall under gross misconduct. Why did you record it? What were you going to do with the recording after?

You're not being very clear.

But if you're not supposed to view CCTV except at certain times, then accessing the CCTV at other times could be a disciplinary matter, as it would be non-compliant with the GDPR policies of the organisation.

It automatically records, I know I was wrong but I then let someone else look at the recording. I'm so,scared I will be fired. I don't even know why I watched, they where just talking about their family, holidays and sick relatives .

I think its the recording thats the issue here too. Why did you do that? CCTV images are covered by GDPR rules so unless you have an explanation as to why you recorded it then i can see why it has been raised with you.

I think GDPR does apply to recorded images of people - those images are data that relates to identifiable individuals. The conversation between the two individuals may or may not constitute personal data as well - we don't have enough information.

Whether or not it is a breach will depend on why you had access to the data in the first place, why you were watching it and what your policy says about recordings not related to the business etc. If it's part of your job to monitor the CCTV and there is nothing in your policy that says you should stop watching in certain circumstances, then I don't think it's that clear cut personally.

I would imagine you will get fired

Ah, if you let someone else watch the videos, then that will almost certainly constitutes a data breach. Why did you let someone else watch it?

It might be against GDPR because you should only keep and access information about a client for a good reason and with the subject's consent. Either way your best bet is probably to apologise and promise not to do it again.

Ok, sounds like you really messed up but can you clear up a few things.

Are you meant to look at CCTV?
Why are you looking at this conversation?
As soon as you knew it was just private chit chat, why did you continue watching?
And why on Earth did you show this to someone else?

Regardless of breaching GDPR, it is probably covered by gross misconduct h most companies have strict rules about when cctv can be accessed).

The CCTV has audio, there would be no need to record it, that was for your private use, showing someone, it's definitely doesn't sound like they'll be a good outcome for you

Why did you let someone else watch a private conversation?

Was the person you allowed to watch it authorised to check cctv? Were they another employee?

I’d say the chances of you being fired are very high. The trust will be completely good.

In view of this mini tsunami of a drip feed

Yes of course YABU.

Still not sure if it breaches GDPR though.

It sounds to me that it could be a breach of the GDPR, or rather, a breach, by the OP, the responsibilities she is likely to have under the terms of the staff policies that her employer will have in order to remain GDPT-compliant.

CCTV has to be managed in terms of the data protection principles set out in the GDPR, and that involves ensuring that the data is only accessed by authorised people and in accordance with the lawful purposes for which the CCTV data is being collected (which must be set out in the organisation's privacy policy).

Itsounds like the OP continuied to watch/listen even though it was clear that the people present on the premises were the business owner and a customer -- not burglars/vandals/etc.

Assuming that the CCTV was not set up to monitor the owner and their, customers, the OP's use of the data was not in accordance with the lawful purpose for which it was being collected. If the organisation has an adequate staff policy in relation to GDPR she will likely have violated it.

I'm pretty sure it does breach GDPR if the OP showed an unauthorised person recorded images of identifiable individuals without any legal basis for having done so.