xiv. The video taping or recording of departmental staff
Purpose
This procedure outlines processes for supporting the privacy of all departmental staff when being video or audio taped in the workplace and in circumstances when they become aware of footage or personal details of staff being inappropriately published.
Authority
- Invasion of Privacy Act 1971
- Child Protection Act 1999
- Policy No 409-1: Zero tolerance of workplace aggression
Video-taping of departmental employees
Departmental employees can be the subject of video or audio taping. People have the right to record a private conversation to which they are a part of, however, they are not allowed to communicate or publish any part of the recording to any person (except in accordance with the Child Protection Act 1999 or the Invasion of Privacy Act 1971).
Protection for departmental staff
There is no current legislation that allows the department to prohibit anyone from recording (video or audio) a conversation to which they are a party. In the absence of a legislative framework, the department has adopted a risk based approach to this issue and has developed procedures for:
- how staff should respond when being audio or video recorded at the workplace
- how staff should respond if they become aware of inappropriate recordings (video or audio) of themselves or other members of staff.
These two procedures are outlined below.
1. When staff are video taped or audio recorded while performing work duties
This procedure aims to:
- provide departmental staff with guidance about an appropriate response, rather than issuing a direct refusal if being recorded
- minimise the risk of inappropriate recordings of staff being publicised.
A staff member confronted with being video taped or audio recorded while in the workplace (CSSC or departmental office) should take the steps outlined below.
- Respectfully advise the client that you will get your manager to assist with the matter (remember that you are being recorded and could be on camera).
- Immediately alert your manager/supervisor to the video or audio recording and clear the immediate area of other staff and other unauthorised individuals.
- Have the manager or delegate provide the client with the following information, prior to any further discussion occurring:
- the Child Protection Act 1999 contains provisions to ensure the confidentiality of information is maintained
- by circulating or placing video/audio footage, which identifies a child or young person, in an accessible public place or on the Internet, is a breach of the confidentiality provisions of the Child Protection Act 1999
- when committing an offence of the Child Protection Act 1999, you could be liable for prosecution and punishment by way of fine or imprisonment.
- If the individual chooses to continue recording, ensure the discussion occurs in an appropriate setting (for example, an interview room in the CSSC).
- Identify appropriate staff members (approved by the manager) to attend the discussion/interview if being recorded. Do not attend the interview alone.
- Continue the conversation in accordance with Policy 409-1: Zero tolerance of workplace aggression and 'Expect Respect' initiative.
A staff member confronted with being video taped or audio recorded while performing work duties, but outside of the workplace (for example, during a home visit) should either:
- remove yourself from the situation immediately and contact the manager/supervisor to inform them of the situation, if there are any concerns about continuing the discussion or interview
- advise the client of the information outlined above, prior to continuing with the interview, in accordance with Policy 409-1: Zero tolerance of workplace aggression and 'Expect Respect' initiative, where the decision is made to continue the interview.
Following an incident of video taping or audio recording, the staff member should take the steps outlined below.
- Immediately record the incident and the events that occurred (including the warning provided regarding the confidentiality provisions in point 3) in a case note in ICMS.
- Contact Corporate Communications Branch (CCB) (Telephone: 3006 4028) to alert them of the existence of the video/audio footage. CCB keep a central risk-management register, however, do not have the authority to demand copies or withdrawal of the footage/audio from the public domain.
- If the matter is of a highly sensitive departmental nature (where media attention to the department has occurred or is possible) you will also be required to complete a Critical Incident Report Form.
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2. When staff members personal details or footage are inappropriately published
Child protection work impacts on families and some clients may direct retaliatory behaviour towards the department or a worker personally. In some circumstances, staff may become aware of inappropriate recordings (video or audio) of themselves or other members of staff.
Examples of inappropriate recordings and publications of footage include:
- circumstances where personal information is provided and subsequently made accessible to the public via the internet (for example, a worker's full name and personal details are posted on the internet)
- the lodging of internet blogs, where confidential information about a case is posted and shared with the public
- postings to discussion forums where information and case details in relation to complaints towards the department are posted on web-sites
- the use of webcams and recording devices to record departmental staff in the office or outside the office (for example, during a home visit or when having or going to lunch) which consequently can be posted on the Internet
- personal web pages (for example, My Space or Facebook) accessed by clients or posted as links in specific chat forums for people to access.
A staff member who becomes aware of any footage or details of staff posted on the internet or elsewhere in the public domain, should take the steps outlined below.
- Contact your line manager and/or your Senior Workplace Health and Safety Advisor in the first instance.
- Contact CCB (Telephone: 3006 4028) to alert them of the existence of the video/audio footage. CCB keep a central risk-management register, however do not have the authority to demand copies or withdrawal of the footage/audio from the public domain.
- If the matter is of a highly sensitive departmental nature (where media attention to the department has occurred or is possible) you will also be required to complete a Critical Incident Report.
Note: If you are aware of footage/audio posted on a social website (for example, YouTube, FaceBook or MySpace), you, as an individual, can take further steps to report the footage/audio as per the appointed website's complaint procedures.
Additional steps that can be taken to ensure personal privacy and safety
Examples of actions that can be taken to protect your immediate and personal information include:
- requesting a silent home number (contact Telstra on 13 22 00)
- applying to have your 'details hidden' with Queensland Transport (visit your local centre and request a 'Suppression of Records' Application Form, form 4109) and provide supporting documents (this can be a court protection order or written declaration from the QPS)
- applying to become a silent voter to ensure your details are not listed on the publicly available Electoral roll. Contact the Australian Electoral Commission (Telephone: 13 23 26) or refer to the 'Australian Electoral Commission' website for further information
- implementing a limited profile on any personal or social networking websites that you are involved with (to limit what information is accessible to the public).
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- Last updated
- 30 January 2009
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