Can an employer install cameras in its taxis, buses and trucks?

Yes, if the employer is doing it for justifiable reasons. For instance, many employers in the transport sector use cameras or CCTV as a useful way of improving safety. Many taxis have them to record threats and incidents - physical and verbal - against their drivers. Notifying customers of the presence of cameras can also act to deter such threats.

But there are obligations an employer needs to keep in mind when collecting any personal information about their employees and passengers. Covert recording is generally considered to be unfair, unless there is a good case for using it.

Firstly, employers should only collect the information that is necessary for them to carry out their legitimate functions. Organisations are not allowed to collect information just because they can – they need to be able to justify why they need to collect the information.

Secondly, employers should be open with employees and customers about what information they are collecting and what the information will be used for.

There are some limited circumstances where employers can collect information about employees without telling them − for example, when putting in a camera over a cash register because of suspected employee theft.

An organisation needs to have policies in place to check that the cameras comply with privacy law, such as controlling who has access to the footage, how the images can be used or how long they're kept.

The images can be kept for a limited period and viewed only by authorised staff.

In addition, camera systems should not record audio if visuals are sufficient, and the camera should not move if having a fixed view of a particular area is sufficient. Collecting audio along with visual images significantly increases the privacy intrusiveness of CCTV systems. As in the case of using hidden cameras, you would need to have a strong case for adopting this practice.

You can find out more in our CCTV guidance.