Yes, you can covertly monitor staff at work providing certain criterias are met. As a business owner you will most definitely be bound by the rules of the Data Protection Act 1998. The Information Commissioner’s Office (ICO) whose role is to enforce the act, states: Employers have a right to protect themselves, their business and its interests.
You don’t need any proof (but) must have reasonable belief that an act of serious misconduct took place to sanction monitoring’
You suspect a member of staff is committing theft, fraud, serious malpractice including serious breaches of Health & Safety a fraud investigation could be authorised.
Great care must be taken to ensure you understand the rules stipulated by the Data Protection Act and work within them. All to often employers jump in with both feet, call a Private Investigator who doesn’t know or care what the rules are and place an employee under surveillance.
Lateo Surveillance Ltd can guide you through the process, ‘step by step’ providing the relevant information, assessments and contracts to ensure you stay the right side of the law.
Your investigator should advise you regarding everyone’s responsibilities regarding the ICO.
Most importantly regardless of what ‘anyone’ states, ‘YOU’ as a business owner will assume the responsibility of Data Controller which ‘can not’ be delegated. If you fail in your responsibility to conduct the appropriate ‘checks and balances’ in accordance with the DPA i.e. checking your investigator is legitimate and competent! ‘YOU’ will be held responsible which, could result in a huge fine.
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