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Ben Jones, UK Lawyer
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Employer have installed 3 CCTV cameras in the toilet. What

Customer Question

Employer have installed 3 CCTV cameras in the toilet. What can be done? Can I take them to court for invading privacy or something like that?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know what is the purpose of the cameras being there?
Customer: replied 4 years ago.

They say it is to prevent vandalism. Some time ago somebody drawn a penis on the doors and they have decided to put 3 cameras in a toilet that is not even really big, 1 camera is even pointed to urinals which are not covered or separated by anything. I feel that it invades my privacy and 3 cameras would be more than excesive use for such a small space. Another thing is that I do not think it is justified to put them there as they shouldn't be use for prevention of minor things like single vandalism instances that should be dealt internaly. Am I right?

Expert:  Ben Jones replied 4 years ago.
You are right - CCTV should only be used in places where one would expect privacy, such as toilets, changing rooms, etc, only in exceptional circumstances. This has been confirmed by the Information Commissioners Office:

http://www.ico.gov.uk/for_the_public/topic_specific_guides/cctv.aspx

However, it is not illegal to use cameras in these places if the person/organisation using them can justify their use. For example, some schools have CCTV in their toilets to prevent bullying. Train toilets also exist to prevent criminal damage and vandalism.

So in your case there may be a good reason to use CCTV in the toilets but it really depends on how frequently and how bad any previous damage has been. If this has only happened a handful of times and no real damage was created then it may indeed be disproportionate to use 3 cameras in the circumstances. On the other hand, persistent and expensive damage may justify their use.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 4 years ago.

Well it happened once and no real damaged was inflicted like I said. My question was: can I take them to court, do I have the case against them if they cannot justify use of CCTV there which I am quite sure they cannot.

 

Basicly I have found on ICO website that: Cameras and listening devices should not be installed in private areas such as toilets and private offices, except in the most exceptional circumstances where serious crime is suspected. This should only happen where there is an intention to involve the police, not where it is a purely internal disciplinary matter.

Expert:  Ben Jones replied 4 years ago.
No you cannot - you cannot just sue them for having the CCTV in there. You have not suffered any damages so cannot claim anything. All you can do is report them to the Information Commissionaer's Office or you can pursue the matter internally, such as through the grievance procedure.

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
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Customer: replied 4 years ago.

You wrote that no damage was caused to me, what about stress and privacy invasion?

Expert:  Ben Jones replied 4 years ago.
It has to be financial losses, the courts will not entertain a claim for stress unless it has caused you a serious psychiatric injury and I don't see that being the case here
Customer: replied 4 years ago.

Ok. Thank You :)

Expert:  Ben Jones replied 4 years ago.
My pleasure, all the best

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