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Help! Big Brother is watching me

by Work Rights Expert, Rachel Lewis

question

I am a female, non-unionised employee of a recorded music company, and I suspect that a security guard (also hired by the same company) is clocking my bathroom visits. The company has recently installed a security camera right outside the bathroom door, and the security guard has told me that I am taking too long in the bathroom and that other employees are concerned. He avoids my question when I press him for names. Does an employer have the right to do this?

Leslie


answer

Hi Leslie
This situation sounds really nasty. You do have some protection under general human rights principles. Article 8 of the Human Rights Act 1998 guarantees your right to respect for your private life. It is likely that if the employer collects and uses private data, such as information on the frequency and length of your bathroom visits, this could amount to a breach of Article 8 - although there are issues over how far you can enforce these rights against a private employer.

If the security guard is not acting on the instructions of the company in observing your bathroom visits, the company could be liable for his actions under the concept of 'vicarious liability'. I suggest you think about raising this with your manager, as working in this kind of environment must be very unpleasant.

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