Laws on being filmed at work by another employee without knowledge

[legalloopy]

Please can someone help me with some advise, I believe I already know how to handle this, but need clarification to be sure.

I am supporting my friend through seeking legal advise in regards to them having a problem with Harrasment in the work place by another colleague who seems to have a personal grievance against them and is trying to do everything to cause my friend a problem at work with the employers.

They do not work directly together and the person permanently complaining and providing bad reports about my friend is not a manager nor of a higher position than my friend within the company. They are not connected in anyway in terms of what work they do for the company or for the same side of the business.

my friend was called by the owner the other day, to be told they have received yet another email of complaint about my friends working conduct from this person and in this email has declared they have taken it upon themselves to park a vehicle on the premises with a hidden camera inside recording not only the movements of my friend but all customers and other staff during the business day, but the main purpose of this camera was to directly film my friend to find a problem...any problem.

I have helped my friend to compose a letter to seek action about this as, it is completely illegal as far as I am aware to video someone on company premises without the authority to do so and without declaring it to the people who are being recorded.

Please can someone guide me as to which laws this falls under, data protection, violation of privacy etc etc so I have the correct wording in my letter.

thanks

[Kati]

Re: Laws on being filmed at work by another employee without knowledge

tagging [MENTION=26290]mariefab[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION]??

[Diana M]

Re: Laws on being filmed at work by another employee without knowledge

another email of complaint about my friends working conduct from this person and in this email has declared they have taken it upon themselves to park a vehicle on the premises with a hidden camera inside recording not only the movements of my friend but all customers and other staff during the business day, but the main purpose of this camera was to directly film my friend to find a problem...any problem.

Why would they do that? What were they hoping to catch your friend doing?

Has the latest email complaint accused your friend of anything as a result of this evidence gathering?

I would be deeply upset if I learned that someone had secretly filmed me even if I wasn't doing anything wrong.

Di

[legalloopy]

Re: Laws on being filmed at work by another employee without knowledge

:tinysmile_cry_t:

[legalloopy]

Re: Laws on being filmed at work by another employee without knowledge

Why would they do that? What were they hoping to catch your friend doing?

Has the latest email complaint accused your friend of anything as a result of this evidence gathering?

I would be deeply upset if I learned that someone had secretly filmed me even if I wasn't doing anything wrong.

Di

It's all very very strange and at the moment it's beyond all understanding! Without proof, I get a strong feeling this is all down to jealousy and possibly the individual maybe wanting my friend in trouble or wanting to take over my friends job. I 100% know my friend is a good honest person and has done nothing wrong and never would. last year both my friend and this person had to go to a meeting about complaints made by this same person and the result of this meeting, was they were told to sort out any personal issues they had with each other. my friend has no issues at all it's coming just from this one person. The owners or managers are not explaining to my friend what has been said by this person and the manner of their complaints, they are not disclosing any information about it at all... I hate injustice and bullying like this it's horrible. Basically the owner phoned my friend and explained at her frustration at receiving yet another email complaint from this person and blurted out this person had put a camera in his vehicle to film my friend and goings on...she advised she did not know how to deal with this and needed to get some legal advise...if they call a meeting about this I feel my friend should take a representative with them as the offence caused against them I think is a very serious one and intended to cause defamation of character with constant fabricated complaints

[Diana M]

Re: Laws on being filmed at work by another employee without knowledge

It's small comfort to your friend to know that her employer is not interested in her work colleague's shenanigans and views it as a personal matter.

As I understand it there is no offence for secretly filming a person who is unaware of the filming (unless it was for sexual gratification in which case it may be voyerism). However your friend does know that she is/was being filmed so maybe she should take advice on whether that is harassment.

You Tube and Instagram would be heavily under fire if using camera phones to film without permission was illegal. But from what you say the perpetrator has openly admitted that they've filmed her so hopefully a visit by a policeman (if your friend decides to report this as a potential harassment issue) may make this nastiness stop.

I'm not familiar with criminal law, but harassment is a criminal offence. If the work colleague persists with this behaviour she may need advice on whether seeking an injunction to prevent it would be appropriate.

Di

[legalloopy]

Re: Laws on being filmed at work by another employee without knowledge

- - - Updated - - -

It's small comfort to your friend to know that her employer is not interested in her work colleague's shenanigans and views it as a personal matter.

As I understand it there is no offence for secretly filming a person who is unaware of the filming (unless it was for sexual gratification in which case it may be voyerism). However your friend does know that she is/was being filmed so maybe she should take advice on whether that is harassment.

You Tube and Instagram would be heavily under fire if using camera phones to film without permission was illegal. But from what you say the perpetrator has openly admitted that they've filmed her so hopefully a visit by a policeman (if your friend decides to report this as a potential harassment issue) may make this nastiness stop.

I'm not familiar with criminal law, but harassment is a criminal offence. If the work colleague persists with this behaviour she may need advice on whether seeking an injunction to prevent it would be appropriate.

Di

Thank you for the advise, I will definitely look into the harassment side of thins. I am familiar with what you say about filming not being a form of offence, but my understanding (possibly I am incorrect) is that if this has taken place in a work place, on company premises it falls under the data protection act as breaching not only this, but any form of filming of people on licensed premises is to be disclosed knowledge of the people who will be filmed or monitored in such a way. As he had no authority to use a concealed video camera to spy on people at their work place. Publicly there is no law for filming people but I understood it was different if this happened in a work place. The fact that this footage would also have captured the coming and going of customers and the day to day business dealings, surely this is a massive breach of data and privacy?

[Diana M]

Re: Laws on being filmed at work by another employee without knowledge

my understanding (possibly I am incorrect) is that if this has taken place in a work place, on company premises it falls under the data protection act as breaching not only this, but any form of filming of people on licensed premises is to be disclosed knowledge of the people who will be filmed or monitored in such a way. As he had no authority to use a concealed video camera to spy on people at their work place. Publicly there is no law for filming people but I understood it was different if this happened in a work place. The fact that this footage would also have captured the coming and going of customers and the day to day business dealings, surely this is a massive breach of data and privacy?

You need an employment lawyer to answer that. The question may be was the filming carried out by and/or with permission of the employer or were they aware of it at the time?

Read this useful explanation about Workplace Monitoring > https://www.citizensadvice.org.uk/wo...oring-at-work/

I hope your friend finds a way to make this nastiness stop soon.

Di

[legalloopy]

Re: Laws on being filmed at work by another employee without knowledge

From my friends understanding from the telephone call from the employers and their explanation, it would seem the employer has not requested and was not aware of this individual, filming my friend secretly from his own vehicle parked on the premises.

thank you so much for your advice and guidance it's been most helpful, I will check the link you have sent from the CAB.

Many thanks!

[Lilylololi]

wow, thank you for information, because I have an instagram account where I film people without their knowledge, and it boosts greatly due to such a content. However, I would like to have more instagram followers...

[Muller21pfg]

Well, this is stupid. We complain about government and devices not respecting out privacy but then we have friends or mates that don't do it either. I think you should just punch them in the face so the next time they will think twice before doing it. Believe me, that works the best. I heard about cases when someone recorded an inappropriate situation of another person and posted it on Instagram for looking cool. They even invested in making the video popular, with https://www.igautolike.com. A weak person could even think about suicide after such a thing. I would kill the one that tries to do something similar to me.

[VictorW1]

Well, this is stupid. We complain about government and devices not respecting out privacy but then we have friends or mates that don't do it either. I think you should just punch them in the face so the next time they will think twice before doing it. Believe me, that works the best. I heard about cases when someone recorded an inappropriate situation of another person and posted it on Instagram for looking cool. They even invested in making the video popular, with https://www.igautolike.com. A weak person could even think about suicide after such a thing. I would kill the one that tries to do something similar to me.

Yeah, punch it and then they'll put you behind the bars. It's better to control yourself and solve it and resolve it amicably