USING CCTV

CTV can be a powerful tool for protecting your people, premises, and profits, but if you’re not following the rules under the Privacy Act 2020 (the Act), you could be breaking the law without even realising it. Whether you’re a franchisor setting system-wide standards or a franchisee managing day-to-day operations, you need to understand the line between protection and privacy breach. Katrina Hammon, Wynn Williams’ franchise-experienced Partner and Associate Meg Moot, have prepared the following explanation and tips to help you get it right.

Privacy Rules for CCTV Use

CCTV footage is classed as personal information if it can identify individuals. That means your use of cameras must comply with the Act’s Privacy Principles, which cover how you collect, store and use personal information.

• Be transparent: Inform your customers and staff that CCTV is operating. 
• Record for a legitimate reason: Only collect footage if necessary for a legitimate business purpose, such as preventing theft or ensuring safety. Recording in private areas, like bathrooms, is rarely justifiable. 
  
  Hot tip: Collecting audio is more invasive, so avoid using this feature unless you have a strong justification. 
  
  
• Control use: Only use footage for the reason you collected it. For example, you cannot use CCTV to monitor staff performance unless this was clearly disclosed. 
• Store securely, keep briefly: Ensure only authorised people can review the footage.  Footage should be deleted after a short timeframe unless there’s a lawful reason to keep it longer, like investigating an incident.
• Footage requests: Individuals have the right to request footage they appear in. You must respond within 20 working days. But be careful! Consider whether and how you disclose the footage and if you need to blur other identifiable individuals.

Getting CCTV Wrong

Guidance from the Office of the Privacy Commissioner (OPC) has shown that failing to display proper signage or using footage for reasons beyond its original purpose has landed businesses in hot water - resulting in investigations by the OPC and orders to pay customers or staff compensation for distress.  

Staying on the right side of the Act isn’t just about avoiding penalties however, it’s also about building trust with your employees and your customers.

Top Tips

• Review your CCTV policy for legal compliance. No CCTV policy? Get in touch.     
• Check your in-store signage, making sure that it’s clear, visible and current.
• Audit existing CCTV practises, including storage timeframes and access controls.
• Train all staff on appropriate CCTV use and handling footage.  

Done well, CCTV can protect your business. Done poorly, it can expose you to serious reputational and legal risk.
For privacy advice tailored to your franchise, speak to a member of the Wynn Williams’ team.   

See this advertorial on page 33 of Franchise New Zealand magazine Year 34 Issue 02

Contact details for Wynn Williams

For more information and advice on buying a franchise get your FREE copy of Franchise New Zealand magazine.