Court Of Appeal: Use of CCTV Footage In Disciplinary Proceedings

Posted in : Labour & Superior Court Case Law Review Panel on 6 June 2022
Bláthnaid Evans
Issues covered: GDPR; CCTV; Data Protection

In a previous article available here we discussed the judgement given by the High Court in Doolin v. The Data Protection Commissioner [2020] IECH90.

The High Court’s decision was appealed to the Court of Appeal by the DPC. The Court of Appeal in its decision held that the use of CCTV footage in the disciplinary process was unlawful, as the employer’s CCTV policy confirmed that CCTV footage was only collected and processed for the specific purpose of security.   As such, the employee could not have reasonably expected that the footage would be used to monitor his performance.

It was held that this difference in purpose was in contravention of the Data Protection Act, 1988 –

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This article is correct at 06/06/2022

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Bláthnaid Evans

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