CCTV in office toilets? Legal?
CCTV in office toilets? Legal?
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Discussion

eltax91

Original Poster:

10,760 posts

235 months

Tuesday 27th August 2019
quotequote all
Hi folks

But if a strange one here. BiL works for a small ish company, run by 3 guys. An MD, SD and FD, built the business up together from scratch, got it to £10m+ validation and currently undergoing due diligence for a possible sale.

They have an annual summer party at their offices every August BH weekend and it was Saturday night. Evidently a couple of the sales staff (1 male 1 female) have been making eyes at each other for a while and decided they couldn’t hold back their lust any longer and got at it in the disabled toilets.

Evidently a few of the drunk crew were ‘overhearing not listening’ outside the window and the FD turned the corner to witness the gathering. He promptly waited outside the toilet door until they emerged and told them both to leave, pending a 9am Tuesday to discuss.

At the party, BiL says the SD was raging. Not happy that this disciplinary might need to be declared during due diligence etc. Anyway, in his own drunken state he declares loudly he will have the cctv company in first thing today to add a camera in the disabled toilets!! His reasoning being that it’s never used by anyone in the office, they NEVER have visitors and it should be out of bounds anyway. So far it’s only been used for this couple and their romantic liaison. hehe

Now I’m certain he can’t legally do that. What say those in the know?

Brads67

3,199 posts

127 months

Tuesday 27th August 2019
quotequote all
It's only an issue if he makes it an issue. Will he declare that he allowed drinking to excess on company property ?

He should be told to grow up and forget the whole thing. he should also be reminded that videoing people in toilets will land him on the sex offenders register.

Sounds like a dick.

bristolracer

5,951 posts

178 months

Tuesday 27th August 2019
quotequote all
I would think not.
He can however install cameras covering the doorways/ corridor.

RTB

8,273 posts

287 months

Tuesday 27th August 2019
quotequote all
It might be legal in some parts of the world, but I can't imagine it is in the UK. Pretty sure you have an expectation of privacy in a toilet if if it's hardly ever used. It would be ironic if a site visit from the purchaser was carried out by an individual who needed those facilities (with camera on the wall).

All seems like an over reaction. Surely a quiet word to keep their liaisons off company property would be enough.


PAULJ5555

3,554 posts

205 months

Tuesday 27th August 2019
quotequote all
Just tell the couple, they will get told off but can get their revenge by reporting the camera to a disabled union/police ect.









red_slr

20,722 posts

218 months

Tuesday 27th August 2019
quotequote all
The short answer is yes - but only as a last resort.

Surveillance Camera Code of Practice states you must only use CCTV in an area which would normally require privacy such as a toilet only if there is a real risk to the public or employees safety or if there may be serious criminality occurring etc.

CCTV used in such locations must be justified and then reviewed on a regular basis. Access to the data must also be restricted.

Given this is a one off event I highly doubt it would be considered reasonable to install a camera. If they did you could make a complaint to the relevant authority and they would then need to justify it. The business would also have to show they have done other things first which have not worked.


jshell

12,078 posts

234 months

Tuesday 27th August 2019
quotequote all
At my last employer, huge company, 'getting it on' on company property was a swift, irreversible exit move!

Pica-Pica

16,590 posts

113 months

Tuesday 27th August 2019
quotequote all
red_slr said:
The short answer is yes - but only as a last resort.

Surveillance Camera Code of Practice states you must only use CCTV in an area which would normally require privacy such as a toilet only if there is a real risk to the public or employees safety or if there may be serious criminality occurring etc.

CCTV used in such locations must be justified and then reviewed on a regular basis. Access to the data must also be restricted.

Given this is a one off event I highly doubt it would be considered reasonable to install a camera. If they did you could make a complaint to the relevant authority and they would then need to justify it. The business would also have to show they have done other things first which have not worked.

But ‘Code of Practice’ does not equal legality/illegality.

jamei303

3,084 posts

185 months

Tuesday 27th August 2019
quotequote all
An office party on August bank holiday weekend? I feel sick just thinking about it.

red_slr

20,722 posts

218 months

Tuesday 27th August 2019
quotequote all
Pica-Pica said:
red_slr said:
The short answer is yes - but only as a last resort.

Surveillance Camera Code of Practice states you must only use CCTV in an area which would normally require privacy such as a toilet only if there is a real risk to the public or employees safety or if there may be serious criminality occurring etc.

CCTV used in such locations must be justified and then reviewed on a regular basis. Access to the data must also be restricted.

Given this is a one off event I highly doubt it would be considered reasonable to install a camera. If they did you could make a complaint to the relevant authority and they would then need to justify it. The business would also have to show they have done other things first which have not worked.

But ‘Code of Practice’ does not equal legality/illegality.
As the OP works for a company and that company subcontracts out their CCTV then their contractor will be following the Protection of Freedoms Act 2012 - which sets out that installers should be following the SCC.

Under the Protection of Freedoms Act 2012 public bodies and government MUST adhere to the Surveillance Camera Code of Practice when using overt CCTV equipment. The vast majority of CCTV companies will also do so.

The rules for private use are different.

williamp

20,400 posts

302 months

Tuesday 27th August 2019
quotequote all
jshell said:
At my last employer, huge company, 'getting it on' on company property was a swift, irreversible exit move!
Yes I would imagine its a displinary issue, HOWERVER the company provided alcohol on the premesis. The company needs to be careful as that is a defence in a tirbunal.

Foliage

3,861 posts

151 months

Tuesday 27th August 2019
quotequote all
bristolracer said:
I would think not.
He can however install cameras covering the doorways/ corridor.
Which is likely exactly what he means.

eltax91

Original Poster:

10,760 posts

235 months

Tuesday 27th August 2019
quotequote all
Thanks folks

Saw the brother in law again earlier. The Chap has indeed had the cctv company round immediately, and they were there by lunchtime installing a camera, but only in the stairwell where the door to said toilet is clearly visible.

So, either he calmed down sufficiently to see sense or indeed the cctv people have advised him he can’t actually put it in the toilet.

No official word on the two sales folk. The chap came in and had his sit down and was immediately dispatched back to he sales meetings, the lady didn’t show up in the office. Whether she had her discussion yesterday, or just couldn’t face the embarrassment, nobody knows. biggrin

Dave Hedgehog

16,335 posts

233 months

Tuesday 27th August 2019
quotequote all
eltax91 said:
the lady didn’t show up in the office. Whether she had her discussion yesterday, or just couldn’t face the embarrassment, nobody knows. biggrin
or maybe getting some shots wink


Steviesam

1,424 posts

163 months

Tuesday 27th August 2019
quotequote all
I might be a bit old fashioned, but whats the issue with someone having a shag in a toilet at work?

They didnt harm anyone (except themselves).

Cant believe its a sackable offence!

red_slr

20,722 posts

218 months

Tuesday 27th August 2019
quotequote all
Steviesam said:
I might be a bit old fashioned, but whats the issue with someone having a shag in a toilet at work?

They didnt harm anyone (except themselves).

Cant believe its a sackable offence!
SOP where I used to work although a few people took it too far on occasion. (booking meeting rooms, shagging in the fire escape etc)

This was late 90s early 2000s though ... I mean you cant just "book" a meeting room these days, you need your cost centre and a purchase order which takes 10-14 days to raise and then management sign off... oh and a risk assessment followed by a "manual handling" course.

wink


MOBB

4,564 posts

156 months

Tuesday 27th August 2019
quotequote all
Steviesam said:
I might be a bit old fashioned, but whats the issue with someone having a shag in a toilet at work?

They didnt harm anyone (except themselves).

Cant believe its a sackable offence!
Different times mate, different times......................

carboy2017

743 posts

107 months

Tuesday 27th August 2019
quotequote all

I agree 100% with you

Steviesam said:
I might be a bit old fashioned, but whats the issue with someone having a shag in a toilet at work?

They didnt harm anyone (except themselves).

Cant believe its a sackable offence!

InitialDave

15,108 posts

148 months

Tuesday 27th August 2019
quotequote all
I can't say I see what the fuss is about either.

Cold

16,703 posts

119 months

Tuesday 27th August 2019
quotequote all
MOBB said:
Steviesam said:
I might be a bit old fashioned, but whats the issue with someone having a shag in a toilet at work?

They didnt harm anyone (except themselves).

Cant believe its a sackable offence!
Different times mate, different times......................
Yep, nowadays when your employer plies you with alcohol at an event that you're pressured into attending during your own time, you aren't allowed to do adult things in the privacy of a locked room.

You are allowed to listen outside like a bunch of voyeuristic schoolboys though.