Santa’s watching: CCTV at the office party

With Christmas party season underway, employers need to be aware of their legal obligations to create a safe and respectful environment for employees, both in and outside of the workplace. While these events are often seen as an opportunity for team bonding and celebration, they can also raise legal concerns, especially regarding issues of harassment and inappropriate behaviour. This is even more so this year given the recent introduction of the Sexual Harassment Duty in October 2024, which now holds employers responsible for preventing and addressing sexual harassment in the workplace, including at work-related events like Christmas parties. Under this duty, employers must take proactive steps to protect their employees from harassment, ensure clear reporting procedures are in place, and respond appropriately to any incidents.  This duty also highlights the importance of appropriate monitoring and reporting mechanisms.

CCTV footage can be a valuable tool for addressing complaints or investigating incidents of harassment, and whether you’re hosting your Christmas party in your office or at an external venue, it is likely that CCTV will be in use. However, if your CCTV cameras record identifiable individuals, you are collecting personal data and must comply with data protection laws. As such, employers must ensure they comply with their obligations under the UK GDPR.

CCTV in the workplace:

The implementation of CCTV requires the employer, as the data controller, to identify and record the lawful basis on which they intend to rely  under the UK GDPR. In the majority of cases, the legitimate interest basis will be most relevant.  However, relying on this basis isn’t as simple as it sounds- it requires a balancing test, known as a legitimate interest assessment (“LIA”), to be carried out. This involves three key steps:

• identifying your legitimate interest (e.g. prevention of crime, staff and visitor safety or property protection);
• considering whether the processing is necessary or if there are less intrusive ways of achieving the same result; and
• conducting a balancing test to ascertain whether the employer’s legitimate interest is overridden by the interests of the individuals being recorded.

If there is a high risk to individuals a separate data protection impact assessment may also need to be undertaken.

Organisations also need to be transparent about their use of CCTV. Among other things, this may require a CCTV notice to be displayed in the areas being monitored, producing a privacy policy and including details of the same in relevant employment documentation to ensure that individuals are informed of how their personal data will be used.

CCTV at work events

Work events such as Christmas parties often blur the lines between professional and personal spaces. Individuals, including employees, have a reasonable expectation of privacy, however, this does not preclude employers and venue operators from reviewing and retaining CCTV footage if doing so is consistent with the purpose for which that footage was captured.

In many cases, the purposes listed within a privacy policy will expressly confirm that in appropriate circumstances, footage can be disclosed to law enforcement agencies for the detection or prosecution of crime.

Using CCTV footage as evidence in investigations

Generally, CCTV footage may be used as evidence in disciplinary and grievance investigations or when assisting with police investigations, where it’s use is justified and lawful.

You must ensure the use of the footage is proportional and minimally intrusive, balancing your legitimate interests against the employees’ rights to privacy. As noted above, it must also be consistent with the purpose identified in the relevant documentation. For example, if CCTV is stated to be used for security and crime prevention purposes, using it for unrelated matters – such as monitoring behaviour at a social work event – would likely be in breach of the UK GDPR unless an issue arises, or allegation is made, necessitating further investigation.

How we can help

As we have set out above, there are a number of considerations in relation to CCTV at work-related events and otherwise.  We have touched on some of the most important aspects, but if you have any questions, or would like to get advice as to your particular situation, please contact our employment team.