Camera covering a staff-only private area
A break room, a changing room or a toilet is where people expect not to be watched. GDPR and UK GDPR Art. 5 (fairness) is where the question starts; the NSW Workplace Surveillance Act and the ACT Workplace Privacy Act name these places for sites there. These cameras are listed at the top of the register.
- When it is raised
- Raised on every camera whose coverage reads as a break room, changing room or toilet, where a regime or a named law is placed at the site.
- The question
- Why does a camera cover this area, and can it be moved or switched off?
- For
- your lawyer
- The column that settles it
- the analytics or coverage column
- On the row
- a numbered delta and the words "private area" in small capitals; an outlined delta where it rests on a blank column
Clauses by regime
GDPR (the EU General Data Protection Regulation)
GDPR Art. 5Principles relating to processing of personal dataPrinciples relating to processing of personal data. Process personal data lawfully, fairly and in a transparent manner; collect it for specified, explicit and legitimate purposes and do not process it further in a way incompatible with those purposes; keep it adequate, relevant and limited to what the purpose needs; keep it accurate and up to date, erasing or rectifying inaccurate data without delay; keep it in a form permitting identification no longer than the purpose requires; and secure it against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures. The controller is responsible for all six principles and must be able to demonstrate compliance with them.
UK GDPR
UK GDPR Art. 5Principles relating to processing of personal dataArticle 5 Principles relating to processing of personal data. Personal data must be processed lawfully, fairly and transparently; collected, whether from the data subject or otherwise, for specified, explicit and legitimate purposes and not further processed by or for the controller in a way incompatible with the purposes for which the controller collected it (Article 8A decides compatibility); adequate, relevant and limited to what is necessary; accurate and kept up to date, with inaccurate data erased or rectified without delay; kept in identifiable form no longer than necessary, with longer storage only for archiving, research or statistics carried out under Article 84B; and secured against unauthorised or unlawful processing and accidental loss, destruction or damage. The controller is responsible for, and must be able to demonstrate, compliance (accountability). Article 5(3) adds that processing is not lawful merely because it is compatible with the original purpose: a lawful basis under Article 6 is still needed.
Australian Privacy Principles (APPs)
APP APP 3Collection of solicited personal informationAPP 3 - Collection of solicited personal information. Only collect personal information that is reasonably necessary for the entity's functions or activities, by lawful and fair means.
California Consumer Privacy Act (CCPA, as amended by the CPRA)
CCPA s. 1798.100(c)Data minimisation, necessity and proportionalityData Minimisation, Necessity and Proportionality. A business's collection, use, retention and sharing of a consumer's personal information must be reasonably necessary and proportionate to achieve the purposes for which it was collected or processed, or for another disclosed purpose compatible with the context of collection. It may not be further processed in a manner incompatible with those purposes.
Named, not quoted
- Workplace Surveillance Act (NSW) 2005: notice before camera surveillance of employees starts, visible cameras and signs, and no surveillance in change rooms, toilets or showers (New South Wales; named, not quoted)
- Workplace Privacy Act (ACT) 2011: notice of workplace surveillance and the areas where it may not be carried out (Australian Capital Territory; named, not quoted)
- Surveillance Devices Act (Vic) 1999: listening devices, and optical surveillance in workplace toilets, washrooms, change rooms and lactation rooms (Victoria; named, not quoted)