CCTV is a crucial tool for New Zealand businesses – it can help to deter crime, ensure health and safety compliance and keep employees safe in their workplace. But what are the privacy rules around using this technology in New Zealand? While CCTV can be a useful tool, there are strict legal requirements that your business needs to follow to ensure you’re using it appropriately.
Here’s what you need to know.
What is CCTV?
CCTV (closed-circuit television) is a system of video cameras used for security or surveillance reasons. The cameras monitor and record activity in specific areas in a workplace. This footage can be viewed by authorized personnel only – it’s not accessible to the general public.
Where can businesses place CCTV cameras?
Your business can place CCTV cameras in places that align with New Zealand’s laws around recording in public.
Here are some places where businesses may legally place CCTV cameras:
● Public and common areas, including entrances and exits, hallways and lobbies.
● Outdoor spaces such as parking lots, gates or fences.
● Customer-facing areas such as a sales floor in a shop.
● POS or transaction spaces, like counters or bar areas.
● Workspaces such as warehouses, especially those with valuable items.
● Delivery areas or loading docks.
Where are CCTV cameras not allowed to be placed?
There are some places where you’re legally restricted from using CCTV according to New Zealand law.
These are:
● Personal workspaces such as office desks.
● Private spaces such as changing rooms and bathrooms.
What can CCTV be used for?
CCTV is primarily used for surveillance and security purposes.
Here’s how some Kiwi businesses use it:
● Crime prevention: surveillance in a workplace can deter theft, vandalism and break-ins.
● Workplace safety: CCTV can monitor workplace compliance by ensuring workers follow health and safety protocols. It can also minimise misconduct – when staff know they’re being recorded, they may be less likely to behave inappropriately. Finally, workplaces with hazardous and dangerous environments may be able to respond faster in an emergency when CCTV footage is used.
● Legal evidence: if a dispute arises in the workplace, or accident or theft, CCTV can provide crucial evidence as you work to resolve the issue.
Workplace CCTV rules employers need to follow
The workplace CCTV rules employers need to follow include clear communication with staff, respect for private spaces, deleting footage after it has been used, and having a process to handle access requests.
Here’s how to stay on top of the CCTV rules: Employers should be clear about why CCTV cameras are being used
If your business is using CCTV, transparency with employees is key. All employees should understand why you’re using CCTV, where it’s being used, and what to do if they’re concerned.
Employers should inform the people affected
Employers need to clearly inform staff who will be recorded at least two weeks ahead of the CCTV installation.
Cameras should not unreasonably invade privacy
Employers are only legally allowed to use CCTV in certain places in the workplace – for example, you may not use it in private spaces like changing rooms or showers. It’s also important to use it only where it’s needed and not use CCTV unnecessarily.
Employers should allow footage to be viewed by the person in it
Under the Privacy Act 2020, employees have the right to ask their employer for any personal information they have on them, which includes CCTV footage.
Employers should delete footage once it’s no longer needed
CCTV footage serves a purpose at a certain time. After that, businesses should permanently delete it. It’s smart to have a protocol in place for this process – many businesses choose to delete after 14 or 30 days.
Employers must put processes in place to deal with CCTV footage access requests
Whether an employee is requesting footage of themselves, a customer or client has asked to see footage, or the police need to see your CCTV records when they’re investigating a crime, you should have a policy in place to deal with viewing requests.
Workplace CCTV privacy laws
There are certain laws around CCTV in New Zealand that businesses must abide by to ensure it is being used appropriately and safely.
These are the key laws involved:
Privacy act 2020
The Privacy Act 2020 regulates how personal information is collected and used, to protect individuals' privacy.
Employment Relations Act 2000
The Employment Relations Act 2000 is a fundamental law in New Zealand that establishes the legal framework for all interactions between employees, employers, and unions.
What are the penalties for non-compliance?
If you breach any of the laws around CCTV privacy, you could face anything from a warning notice to a fine of up to $10,000.
Get in touch with Hines Security for all your workplace CCTV needs
CCTV can be a valuable tool in the workplace. It can help you prevent theft, respond quickly in an emergency, and keep staff safe. However, before you start installing cameras and filming, you need to understand the rules and regulations around CCTV in New Zealand. Break these rules, and you could face a hefty fine.
Not sure where to start when it comes to CCTV? Hines Security can guide you through the process, from installation to monitoring to staying on top of New Zealand recording rules.
Contact us today for a quick chat – we’d love to help.
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