Social media platforms, for example, are likely to know a great deal. Your age, employer, relationship status, likes, dislikes and location are just the start. Vast amounts of data builds a very clear picture of your lifestyle and behaviours.
Data protection law has developed to address the privacy implications, but there are still ethical and legal considerations for organizations to negotiate.
So, what do we really mean when we talk about ‘surveillance’ today? What are the implications for organizations that overstep the mark? And can standards help navigate the complexities of balancing privacy and surveillance?
The term ‘surveillance’ is now about much more than video cameras capturing our image on the street. In our daily lives, we leave data trails everywhere:
● Electronic payment and banking information
● Browser search history and social media content
● Medical records
● Mobile phone tracking information and call records
While some of the above might not be considered ‘surveillance’ in the traditional sense, it comes with many of the same ethical and security considerations. Governments in some countries have now ordered their employees to remove TikTok from work devices over surveillance fears.
Surveillance technology is also increasingly finding its way into the workplace. Employee monitoring software on home computers became much more common during the pandemic. Some companies went as far as using webcams to monitor employees working from home. Non-desk-based employees can also be monitored. Amazon requires its delivery drivers to download an app that monitors their driving behaviour on the road.
It’s not just cutting-edge data collection that is changing the face of surveillance. Traditional solutions, augmented by newer technology, are also influencing the privacy and surveillance debate.
For example, while we have had CCTV in the UK for decades, there are growing concerns over the privacy implications. London is now home to almost one million CCTV cameras, capturing the average resident 70 times per day. Combine this with advances in technology – particularly AI and machine-learning enabling facial recognition – and there is renewed debate about their role in society. In his annual report, presented in February 2023, the Biometrics and Surveillance Camera Commissioner called for more legislation and guidance around the usage of facial recognition technology.
None of us want to spend our lives being watched, but on the other hand, surveillance technology provides clear commercial benefits if used thoughtfully. For example:
● Deterring crime
● Gathering information that can protect a company’s reputation against complaints
● Identifying unsafe driving practices
● Enabling IT teams to check that staff are using up-to-date security software and best practice
While it’s clear that surveillance technology is a feature of modern life (providing genuine benefits if used ethically), companies need to tread carefully. Overzealous use of surveillance technology can in some cases do more harm than good. Pitfalls include:
1. Lack of trust
While employee monitoring is technically legal in the UK, it can contribute to a toxic workplace characterized by mistrust. According to one study, more than half of employees would consider quitting if monitoring software was implemented.
2. Reputational harm
The independent grocery group Southern Co-operative was singled out by the privacy group Big Brother Watch. Its use of facial recognition technology in 2022 was dubbed ‘Orwellian’ and ‘unlawful’.
3. Legal considerations
Data law seeks to balance safety, security and privacy. GDPR is the main source of law although the UK is replacing this with fresh legislation following Brexit. The Data Protection Act 2018 also sets out the principles that employers need to follow if they want to monitor their employees.
To avoid surveillance technology doing more harm than good, organizations need to think carefully about the strategy and technology employed. Standards can provide best practice for rolling out technology and using it ethically. Useful standards include:
BS 16000:2015 Security management. Strategic and operational guidelines provides a generic, high-level security management framework, including the use of CCTV.
BS ISO/IEC 30137-4:2021 Information technology. Use of biometrics in video surveillance systems - Ground truth and video annotation procedure
BS 8593:2017 Code of practice for the deployment and use of Body Worn Video (BWV)
BS 7958:2015 Closed circuit television (CCTV). Management and operation. Code of practice provides recommendations for the management and operation of CCTV within controlled environments where data – which might later be offered as evidence – is received, stored, reviewed or analyzed.
There is clearly an important role for surveillance technology, but it is equally true that organizations need to carefully assess the benefits against potential reputational and legal risks.
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