It may not be 1984, but George Orwell’s prediction that Big Brother would be watching us is proving more accurate today than the author could have ever imagined it would when he wrote his iconic novel back in 1948.
Cameras are everywhere – and not just in the smartphones that are in just about everyone’s pockets.
A report from the British Security Industry Association states there are between four and six million CCTV surveillance cameras in the UK in over 200 sectors of the economy, ranging from shops to schools to sewage works. In America, the figure swells to over 40 million cameras, shooting over four billion hours of footage every week.
In South Africa, the concept of public street surveillance has been around since the 90s, although not on as big a scale as in the UK and US. South African police funding has always been stretched very thinly, so certain private groups, such as Business Against Crime, have installed cameras in banks, shopping malls, sports stadia, beachfronts and other public places. Certain private security companies too, have erected cameras in residential areas where large enough numbers of their clients are grouped together.
The role of these security cameras in the prevention of crime, and in the apprehension of criminals, is well established, and has come to be largely accepted as a necessary evil by the majority of people.
What about cameras that aren’t strictly in the public domain? Those cameras in offices, company warehouses, or private homes? When does it stop being about security and start being about an abuse of power by the employer?
Are security cameras actually an invasion of privacy?
The truth is, there isn’t a short answer to this question. In fact, there’s probably not even a singular or definitive answer. It depends very much on which side of the fence you’re on. However, there are certain rules governing the use of CCTV cameras, and these need to be respected if you want to avoid becoming embroiled in a messy – and potentially costly – invasion of privacy claim.
In many corporate environments, such as casinos, security firms, financial institutions, retailers, jewellers, exclusive clothing suppliers and goods transporters, employers are extremely vulnerable to theft at the hands of their employees. In these environments, is installing security cameras to watch your staff a breach of employee privacy?
“Every employer is entitled to protect his property, and can install security cameras in the workplace,” explains The Practical Guide to Human Resources Management. However, is it incumbent on the employer to inform his employees that security cameras are in place, or can they be installed without the employees’ knowledge?
This is where the law gets a little grey. It is not actually a legal requirement that employers make their employees aware that they’re being videotaped, but it is advisable. It is however, highly advisable to only install cameras in certain areas in order to avoid an invasion of privacy claim. Installing a security camera in a general office, for example, area is totally acceptable. Putting a camera in your company bathroom, on the other hand, is a definite breach in employee privacy.
As long as you tread carefully and respectfully, installing security cameras is your legal entitlement and right as an employer. If you’d like to know more, or find out what CCTV options would be suit your business, chat to us today.
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