Businesses and retailers have seen many shifts since the COVID-19 pandemic, but one that stands out is an uptick in violent behaviour towards Employees. This is causing concern for some Employers, who see their Employees, customers and property being at greater risk.
In August 2024, the coffee shop chain Pret a Manger announced that some staff members would begin wearing body-worn cameras, or bodycams, as a new safety measure. They stated that cameras would only be switched on in ‘specific circumstances’, and that the footage would be accessible only to the Pret a Manger security team.
Pret a Manger’s move has piqued the interest of other businesses with similar concerns for the safety of their own staff, customers and properties.
But how easy is it to implement such a practice?
Introducing Bodycams to the Workplace
Body-worn cameras promise to serve in two ways – capturing the action as it happens, while also acting as a deterrent to persons in the midst of making bad decisions, such as choosing to verbally or physically abuse staff.
The biggest consideration when it comes to introducing this type of surveillance technology to the workplace, is privacy.
Focus on Privacy
Employers process Employees’ personal data and are bound by Data Protection and Employment Laws as to the handling and management of such data. Any plans to introduce bodycams must first be checked against Data Protection Laws to ensure that they, and their intended use, are compliant.
To do this, you will need to undertake a Data Protection Impact Assessment (DPIA). This involves identifying a lawful basis for using bodycams – you will need to prove that it is in your ‘legitimate interest’ to introduce bodycams, and that the use of bodycams is ‘necessary’.
Most Employers will cite a legal duty of care to Employees as a ‘legitimate interest’, and for the move to be deemed ‘necessary’, you would need to show that you have considered other less intrusive methods (such as standard CCTV systems), but have been left with no viable alternative.
A DPIA will demonstrate that while taking steps to increase security and combat aggressive behaviours, you have also given appropriate consideration to your Employees’ rights to privacy.
Training and guidance
If the DPIA supports your intention of introducing bodycams, and you choose to proceed, training should be given and guidance provided for all Employees authorised to use and operate the bodycams. This is essential for avoiding issues with data protection and privacy violations. Guidance and training should cover:
● The purpose of the bodycams;
● How to operate the bodycams;
● When bodycams may be switched on;
● When bodycams must be switched off (e.g: toilets, changing rooms);
● How the footage is to be used;
● Who may view the footage; and
● How long the footage should be kept/when it should be deleted.
Be Transparent
We are all familiar with the necessity of police to wear bodycams, but many of us balk at the idea of using bodycams in the workplace, citing concerns about invasions of privacy and lack of trust.
To mitigate discourse, overwhelming pushback, or a breakdown in Employer-Employee relations, propose your plans to Employees at the start of the DPIA process. Invite their feedback and allow them to ask questions, ensuring you are transparent on why bodycams are being proposed for use, how they will be used, by whom, and how it will affect their privacy. You may not get every single Employee on board, but an overwhelming acceptance of the proposal will help with data protection compliance and completing that DPIA.
In the event of a successful DPIA and a rollout of bodycams in the workplace, the aforementioned details of the bodycams’ use must also be included in your privacy policy, or a standalone bodycam policy, if you have one.
What If It’s Not Just The Customers?
Most Employers consider bodycams for capturing and deterring aggressive behaviour from customers towards Employees. But what if, in reviewing footage, you spot an Employee doing something that they shouldn’t?
There may be occasions where Employee misconduct is captured on a bodycam that is switched on to record customer behaviour. Their actions may call for disciplinary action, so the footage would be needed for a disciplinary investigation. However, if you have informed your Employees that footage captured on bodycams is exclusively for the monitoring and management of customer behaviour, you could be called into question for attempting to use it for an alternative purpose. You could even be found to be violating the terms of your own privacy policy.
Therefore, you should consider whether you are willing to ‘let go’ of instances of Employee misconduct also captured on bodycams introduced for monitoring customers. If not, then it is essential that you include, in your privacy policy or bodycam policy, all possible scenarios where footage could potentially be used. It should make it clear to Employees that the bodycams are primarily for monitoring customers, but that footage may be used in disciplinary investigations if Employee misconduct happens to be captured at the same time.
For Employers with customer-facing staff who experience abusive or aggressive behaviours from customers, bodycams could be beneficial. Questions over privacy and confidentiality will likely always be a factor, but if entered into with diligent preparation, meticulous training and guidance, and exceptional transparency, both for Employees and customers, the practice could prove worthwhile, especially if it keeps people safe.