WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 4 Covert video surveillance

This legislation has been repealed.

WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 4

4 Covert video surveillance

(1) For the purposes of this Act, video surveillance of an employee by an employer in the workplace is covert video surveillance unless:

(a) the employee has been notified in writing of the intended video surveillance at least 14 days (or, if the employer has obtained the agreement of the employee to a lesser period of notice, that period) before the intended surveillance, and

(b) cameras used for the video surveillance of any part of the workplace (or camera casings or other equipment that would generally indicate the presence of a camera) are clearly visible in that part of the workplace, and

(c) signs notify people that they may be under video surveillance in the workplace, and are clearly visible at each entrance to that part of the workplace in which surveillance is taking place.

(2) Despite subsection (1), video surveillance of an employee in the workplace is not covert video surveillance if the employee has agreed to the use of video surveillance of the premises or place constituting the workplace for a purpose other than surveillance of the activities of employees in the workplace and video surveillance is carried out in accordance with that agreement.

(3) For the purposes of this section:

(a) employees at a workplace are taken to have agreed to intended use of video surveillance by their employer if a body representing a substantial number of the employees has agreed on their behalf, and

(b) an employee who is first employed at a workplace less than 14 days before the intended use of video surveillance at the workplace is taken to have agreed to a lesser period of notice of the intended surveillance if the employee is notified in writing of it before commencing work.