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Suspected theft: can you install hidden cameras?

A serious concern

Let’s suppose that one of your fellow directors has flagged up a concern about some company stock which has recently gone walk-about. They’ve looked into the matter and it’s quite clear that there’s no valid explanation, e.g. breakages or a stock control mistake. What’s more, since they were first alerted to the problem, further items have gone missing. The board are suspicious that this might be theft carried out by an employee - the only problem is that they aren’t 100% sure who it is.

An inside job

It’s therefore been suggested that some hidden CCTV cameras are installed to catch the culprit(s) in the act - after all, this would put the matter beyond doubt once and for all and - assuming your suspicions were confirmed - allow the company to go straight to the police with its evidence. But is it quite as easy as rigging up a few secret CCTV cameras after hours and then playing back the recordings, or could this type of activity land the directors on the wrong side of the law?

Rules on covert CCTV

The use of CCTV is covered by the Data Protection Act 1998 (DPA) and its accompanying CCTV Code of Practice. Unlike the DPA, following the Code itself is voluntary. However, if an employee subsequently complains to the Information Commissioner about your use of CCTV in the workplace, he’ll want to know if you’ve followed it. If you haven’t, he’ll be expecting to hear some very good reasons why.

What does the Code say?

When it comes to the use of hidden, or covert, CCTV cameras in the workplace, the Code says that they must not be used as a run-of-the-mill exercise, i.e. as a means to spy on staff, which would be an unlawful (and potentially criminal) act. However, hidden CCTV cameras are justifiable where: (1) the employer suspects that a specific crime, e.g. theft, is being committed; and (2) it intends to involve the police.

Tip. Once the specific matter of concern has been resolved, the cameras must be removed or staff alerted to their presence and told the reason why.

But, before you install them

But, even if the conditions for installing hidden CCTV cameras are met, the directors will still need to carry out an “impact assessment”. This will help you decide if the exercise is a “proportionate response” to the perceived problem or a potential breach of your employees’ privacy. Details of how to carry out an impact assessment can be found in Part 4 of the Code (see The next step).

Tip. Providing this exercise confirms that the use of hidden CCTV cameras is proportionate, you can install them where the suspected thefts are believed to have occurred. But don’t install them in changing rooms or toilet areas (this would amount to an unlawful invasion of privacy) and make sure that access to the footage recorded is strictly limited, e.g. to directors only.

For further information on the CCTV Code of Practice, visit http://tipsandadvice-companydirector.co.uk/download(CD 14.14.06).