López Ribalda and others v Spain
The European Court of Human Rights has provided guidance on when covert CCTV can be installed.
They suggested that employers may be able to justify covert CCTV if:
o they have a reasonable suspicion that employees are committing serious misconduct (such as theft);
o surveillance lasts only as long as it takes to catch the culprits;
o the footage is used only for the purpose of finding those responsible; and
o there is no alternative method of catching the culprits.
Best practice is to do a data impact risk assessment and ensure any covert recording is a last resort.