ESDC’s usage of images obtained through video surveillance for a fact finding exercise to monitor an employee’s departure is not compliant with the Privacy Act
An employee complained that ESDC used video surveillance footage to monitor their departure times, alleging contraventions of the Privacy Act regarding collection and use of personal information. ESDC stated the footage was used for a fact-finding exercise due to allegations of early departures, and that the cameras were for security purposes. The OPC found that while the initial collection for security was compliant, ESDC failed to inform individuals about the collection purposes and used the footage for a purpose inconsistent with its original collection without consent. The OPC concluded that ESDC contravened sections 5 and 7 of the Privacy Act. ESDC agreed to adopt a clear policy for video surveillance use and to inform individuals about data collection purposes.
- 1Whether the collection of video surveillance footage constituted personal information under s.3 of the Privacy Act
- 2Whether the initial collection of video surveillance footage by ESDC was in compliance with s.4 of the Privacy Act
- 3Whether ESDC informed individuals of the purpose for collecting personal information via video surveillance, as required by s.5 of the Privacy Act
- 4Whether ESDC's use of video surveillance footage to monitor an employee's departure times was consistent with the purpose for which it was collected, as required by s.7(a) of the Privacy Act
- 5Whether ESDC obtained consent for the use of video surveillance footage for purposes other than security, as required by s.7(a) of the Privacy Act
- Collection of personal information: Initial collection for security compliant
- Notification of collection purpose: Institution failed to inform individuals
- Use of personal information: Use inconsistent with original purpose
- Contravention of Privacy Act s.5: Contravention found
- Contravention of Privacy Act s.7: Contravention found
- Remedial action: Institution agreed to policy changes
Complaints well-founded and conditionally resolved
The OPC found that ESDC failed to inform individuals about the purpose of video surveillance collection (s.5) and used the collected footage for a purpose inconsistent with its original security purpose without consent (s.7). ESDC committed to implementing recommendations, leading to a conditionally resolved outcome.
The OPC recommended that ESDC adopt a policy for its cameras clearly identifying collection purposes and ensuring consistent use, and that ESDC advise individuals about the collection of personal information via video surveillance, with both to be completed within six months.
- s.3 Privacy Act
- s.4 Privacy Act
- s.5 Privacy Act
- s.7(a) Privacy Act
This summary is informational only and not legal advice.
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