Filming or recording by third parties


The advent of smart phones and tablets has made it easier for individuals to film or record situations in many contexts. This also means that in addition to surveillance by their employers, workers are also increasingly being filmed or recorded by third parties, both overtly and covertly. 


The issue of lectures being filmed or recorded by students was covered in the UCU guidance on recording of lectures. The guidance advised that the consent of lecturers should be requested by students wishing to record lectures, and that institutions should make clear to students that such consent should be sought — also explaining to students the legal position in terms of lecturers’ performers’ rights. 


The general union GMB has also expressed concern about customers and other members of the public filming their members when undertaking work activities. This includes customers filming employees of utilities companies when they come to read their meters or undertake other work in customers’ homes. According to the GMB, the onus is on employers to protect their workers from these intrusions. 


Individuals who film workers who visit them to undertake work in their homes are likely to be exempt from the data protection principles of the DPA. An individual processing data only for the purposes of their personal, family or household affairs is exempt under the Act. 


However, the ICO states that the DPA “still applies to the extent that the ICO may investigate if someone seems to have gone beyond the scope of the exemption” and “may take enforcement action where necessary.”


It is also worth noting here that the Health and Safety at Work etc Act 1974 (HSWA) places a general duty on employers to ensure the safety, health and welfare at work of their employees. 


Such workers also come under the category of lone workers. The Health and Safety Executive (HSE) defines lone workers as “those who work by themselves without close and direct supervision” whether in fixed establishments or as mobile workers working away from a fixed base. 


If lone workers are filmed when visiting people’s homes or when undertaking work in public areas, they may find this intimidating and regard this as an invasion of privacy, and may also feel unable to ask the person filming to stop. Where this issue arises, the union should raise it collectively with the employer. The union could conduct a survey of staff to better understand the extent of the problem and seek to negotiate a policy with the employer addressing the issue and explaining what steps workers should take in this situation and what action the company will take when it happens.