Anonymised respondent (employer organisation)
The enquiry is closed to the satisfaction of all parties under section 6 of the data protection act 2017 (dpa). DPO, 29 June 2023.
The facts
An employee complained that her employer's CCTV captured all her movements at work, that footage monitored by a male security officer captured her adjusting her uniform and underwear, and that the footage was being used against her in disciplinary proceedings she had never been informed of or consented to. The employer replied that the camera was installed in the meat lab after a blood-spillage incident, that it is a registered controller with a CCTV policy, and that the complainant received a copy of the footage before her hearing. The Data Protection Office advised that a policy available only on request does not meet the duty to inform at the time of collection, and that if the complainant was not informed the CCTV images could not be used against her; the employer then updated its CCTV policy and circulated it to staff through portals, emails, notice boards, meetings and onboarding.
Orders and outcome
With the corrective measures taken and both parties informed, the Data Protection Commissioner closed the enquiry to the satisfaction of all parties under the DPA.
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