With the sophisticated technology which exists today within an individual’s mobile phone, organisations must be aware of the likelihood of meetings and conversations being recorded by members of staff.
GDPR will apply to the recording of any meeting whether it is the employer or the member of staff. Provision should be made in the staff handbook to ensure that staff are aware that recording of meetings, work phones or CCTV will take place. The obligation is to inform everyone in advance of the recording about the precise purpose of the recording. Obtain specific consent, by the staff member completing a consent form on commencement of employment.
GDPR will apply to the recording of any meeting whether it is the employer or the member of staff. Provision should be made in the staff handbook to ensure that staff are aware that recording of meetings, work phones or CCTV will take place. The obligation is to inform everyone in advance of the recording about the precise purpose of the recording. Obtain specific consent, by the staff member completing a consent form on commencement of employment.
Legal Regulations
The General Data Protection Regulation 2018 (GDPR) now enshrined in the Data Protection Act 2018 deals with ‘personal data’. Employers may attract severe penalties for a breach of the Regulations. Staff members are also potentially at risk of a penalty from the office of the Information Commissioner if they covertly record colleagues.
The Human Rights Act 1988 provides privacy rights. Staff may claim that their right to a private life under the Human Rights Act has been infringed by covert recording or monitoring of their data. In Barbulescu v Romania1 the Grand Chamber of the ECtHR found that the covert monitoring of an employee’s email account resulted in the violation of his right to respect for private life within the meaning of Article 8 of the ECHR.
Protection through Policies
Ensure the staff handbook sets out a clear written permitted by members of staff whilst they are at work. This is to make certain that staff are aware that a breach of the policy could lead to disciplinary proceedings and is considered to be a breach of trust and confidence. The sanction for the breach of policy must be clearly written, namely a final written warning or dismissal due to the fact that they are likely to destroy any working relationship they had with those colleagues.
Staff members who are in a managerial position must be trained to guarantee that they know how to undertake processes such as disciplinary and grievance procedures. Therefore, it is imperative that they conduct themselves in an suitable way throughout the process by not discussing private issues that could be misinterpreted during the meeting with staff or deviate from the focus of the meeting whilst the member of staff is present in the room.