Worker was sacked for putting bag over camera

The Data Protection Commissioner has ruled it was a breach of an employee’s privacy to be monitored, on CCTV cameras, in places such as the staff canteen.

Commissioner Helen Dixon made several CCTV-related decisions in 2015, based on complaints brought to her office.

In one case, a supermarket worker was dismissed from her job after she placed a paper bag over the CCTV camera in the staff canteen.

“She informed us that the reason for her covering the CCTV camera was that when she was on an official break in the staff canteen, a colleague styled her hair.”

The case featured in the DPC annual report, published yesterday.

The DPC stated “the supermarket informed us that the complainant was dismissed for gross misconduct which occurred when she placed the bag over the camera in the canteen to prevent her actions being recorded, and thereby breaching the store’s honesty policy as outlined in the company handbook”.

The owner of the supermarket also told the commissioner the camera was used for health and safety reasons, to counter bullying and harassment, and for the overall hygiene of the canteen.

However, the commissioner found there was no justification, from a “security perspective”, to have a CCTV camera operating in the staff canteen.

“Many businesses have justifiable reasons, usually related to security for the deployment of CCTV systems on their premises, but any further use of personal data captured in this way is unlawful under the Data Protection Acts unless the data controller has at least made it known at the time of recording that images captured may be used for those additional purposes, as well as balancing the fundamental rights of employees to privacy at work in certain situations, such as staff canteens and changing rooms,” the report stated.

Another CCTV complaint related to footage of an Aircoach driver using a mobile phone while driving the vehicle. Aircoach had planned to use the CCTV footage for a disciplinary process against the driver.

“The complainant objected to the use of the CCTV footage as evidence in a disciplinary process that was taken by Aircoach against her, the basis of the objection being that it was unfairly obtained,” the DPC noted.

While the case related to a serious matter, the commissioner found filming an employee was not the norm.

“Any monitoring of employee behaviour through the use of CCTV cameras should take place in exceptional cases rather than as a norm and must be a proportionate response by an employer to the risk faced, taking into account the legitimate privacy and other interests of workers,” the report stated.