Features

Childcare Counsel - Use of CCTV and Legal Compliance

Rhys ap Gwent, at Morgan LaRoche, discusses settings’ use of CCTV

In every early years setting, the safety of the children is paramount, and therefore the use of CCTV is commonplace. Many businesses, however, may not realise that the use of CCTV is very tightly regulated and covered by legislation including the UK GDPR. Nurseries have a number of legal obligations to children, their parents, and staff.

The law states that the use of CCTV has to be fair or proportionate, meaning that there must be a sign to notify people, and it cannot be used to monitor places that the public would reasonably expect to be private, such as changing rooms. A business is also obliged to tell its staff about their visibility on CCTV, and if it intends to use it to monitor conduct, as well as for security purposes. Employees have the right to raise a complaint with the Information Commissioner's Office if they feel their employer's use of CCTV is unfair, or has not been clearly explained.

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