Small businesses are still non the wiser as to the privacy implications on when using CCTV, despite new guidelines, a law firm has claimed.

The Data Protection Act (DPA) states that CCTV use must not invade the privacy of employees being monitored.

In an attempt to clarify the rules, Richard Thomas, the Information Commissioner said that most small business operating CCTV have nothing to worry about as their use falls outside the Act.

By Stewart Room, of law firm Rowe Cohen, said that small firms should not celebrate just yet as Thomas was only referring to ‘basic use’ of CCTV.

“Many small businesses use CCTV to monitor employees, whereas the Commissioner only had in mind the kinds of situations described in his recent CCTV guidance.

“I fear there is a lost of confusion amongst small businesses about CCTV.

“The Information Commissioner may have lulled people into a false sense of security and therefore some businesses may find themselves on the wrong side of the law,” he said.

Basic CCTV use is defined as:

  • Only a couple of cameras
  • The cameras can not be moved remotely
  • The cameras record to videotape.
  • The recorded images are passed to the police only to investigate incidents on the company’s premises