CCTV in betting shops: a guide

CCTV is covered by the Data Protection Act 2018 and by the General Data Protection Regulation.  This blog talks you through the rules around CCTV at work, specifically in betting shops.

What are the rules around CCTV at betting shops?

CCTV is often used in betting shops, to protect your safety or prevent crime.

Generally, speaking, CCTV shouldn’t be used in private areas, like toilets or changing rooms. It’s also not generally considered proportionate to record sound, so usually employers should only record the video, not sound too.

If your employer uses CCTV it has to register its details with the information commissioners’ office.

Your employer must:

• Tell people that they are being recorded. For the public this is usually done by displaying signs, which must be clearly visible and readable. For employees this is usually in a privacy notice.
• Control who can see the recordings- this should be limited.
• Make sure they don’t keep the footage for longer than necessary.
• Make sure the system is only used for the purpose it was intended for.

The government website gives this example of using the system for its intended purpose:

“for example, if it was set up to detect crime, you must not use it to monitor how much work your staff do”.

That means that your employer must tell you they are going to use CCTV to monitor you at work- if they had said that they were only using CCTV for safety reasons, then told you they were using it as evidence in a disciplinary without warning that wouldn’t be lawful.

Can my employer monitor me at work by CCTV?

Yes, they can, but they do have to be able to justify it. Monitoring of employees must be fair, lawful, and transparent. Any negative effects on you have to be necessary, proportionate, and justified.

Your employer should conduct a Data Protection Impact assessment DPIA to determine whether to carry out monitoring and whether it’s justified.

They must tell you that you are being monitored. They can do this in lots of ways, for example, by sending you an email. They should also explain their policies to you.

The only exception where your employer can monitor you without telling you is if they suspect you are breaking the law, and they are carrying out a specific investigation. They must stop when the investigation is over.

What information should my employer supply about CCTV?

Your employer should have a privacy notice that explains how they use your personal data and why. The privacy notice must explain the “lawful basis” under which they are recording you.

It’s good practice for employers to have a separate CCTV policy. This should explain why they use CCTV, explain any staff responsibilities and the security measures that will be put in place to keep footage secure.

What is a Data Protection Impact Assessment?

Your employer should have completed a Data protection impact assessment (DPIA) which explains why they have decided to use CCTV.

In betting shops, employers often have a good reason to use CCTV, for safety reason/crime prevention.

However, if they are going to use CCTV for a different purpose, such as monitoring staff, that also needs to be justified.

Your employer should document their decision to use CCTV to monitor staff instead of other options and how this will affect privacy. They should regularly review whether CCTV is still the best solution.

This includes weighing up how intrusive the monitoring is, against the benefits. It should also include consultation with employees, and whether there are alternative measures that could be taken.

Can I see what my employer has recorded?

Yes, by recording you using CCTV your employer is collecting your personal data, so you have rights around this. One of these rights is the right to ask for a copy of your own data.

If you want to see CCTV footage your employer has recorded of you, you can ask to do so and usually the employer must provided the footage to you, for free, within a month.

What other rights do I have?

As well as the right to access to your data you have the right to object to how it’s processed, and the right to have the data erased (although there may be cases in which your employer has a justification for keeping the data for a certain time period).

I’ve had a problem with CCTV being used at work, what can I do?

It’s often quite difficult to understand what is and isn’t acceptable in relation to CCTV at work.

If you are a member of Community and need help or advice, please contact us at help@community-tu.org or on 0800 389 6332.