Leisure Sector Update: Pret a Manger’s Body Camera Trials – Employment and Data Protection Considerations

Welcome to the Harrison Drury Leisure Sector Newsletter. Your regular update on legal developments across the leisure, hospitality and tourism sector. Our aim is to keep you informed, prepared and ahead of the curve with insights tailored to support you and your business.

Coffee and bakery chain “Pret a Manger” recently began trialing the use of body-worn cameras for some staff in a few London locations last month.

The trial is said to be in light of growing safety concerns for their staff and may well be influenced by the pending duty which will see employers under a positive obligation to take all reasonable steps to prevent their employees being subject to sexual harassment.  

The rolling out of body-worn cameras and other related surveillance technology in of itself however raises some associated legal concerns.

Workplace surveillance is regulated under the UK General Data Protection Regulation and the Data Protection Act 2018. The recording of images obviously constitutes the processing of personal data. Undertaking such a trial and roll out will require careful assessment of Information Commissioner’s Office (ICO) guidance and underpinning legislation.

Employers and businesses more widely considering similar surveillance technology should consider the following:

• Has a risk assessment been undertaken;
• Is the capture and processing of data limited in its scope;
• Is data securely stored (and check that outsourced provision ensures data principles are observed);
• Have in place a policy for retention and timely deletion of data;
• Ensure adequate notification to employees and visitors to their premises that surveillance data is collected and stored;
• If introducing such surveillance, modify your data privacy policy to reference it; and
• Consult with employees prior to introduction to avoid misunderstandings and in the worst case complaints to the ICO, a time consuming data subject access request by employees and claims of constructive dismissal.

 The (ICO has published some helpful guidance which further elaborates on legislative requirements and matters of good practice, accessible here.

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