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Video Surveillance in the Workplace

An employer is within its rights to install CCTV in a workplace provided there is a valid and reasonable justification for doing so; it is good practice to ensure employees are made aware beforehand of the extent and nature of the surveillance. However, in some situations that may not be practical or desirable.

One such justification might be to protect security where employees are handling cash or other valuables or to protect against shoplifting in a retail context. In such situation, a clearly visible sign warning that security cameras are operating would constitute notice to employees and shoppers that information is being collected as per the Information Privacy Principles 3 (IPP3) set out in the Privacy Act 1993.

Where the employer has valid grounds to suspect an employee of criminal or other illicit activity, it may not be necessary to inform employees in advance that surveillance is operating given that providing notice might sabotage the opportunity to catch the guilty party.

In line with IPP 9, CCTV footage ought only to be retained for long enough to fulfil the purpose for which it was taken. For example, if an employer makes use of video footage as part of a disciplinary investigation, the recording ought to be destroyed once the investigation is complete.

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