Findings

5 Monitoring a place the law keeps private

New South Wales, the ACT and Victoria rule out surveillance of staff in toilets, change rooms and similar rooms by statute, Victoria whether or not staff consent; Connecticut and New York name rest rooms, locker rooms and changing rooms; the EU and UK guidance and the CNIL add rest and break areas.

For HR and counsel: Does this practice watch or listen to anyone in a toilet, change room, shower, break room or other place the law of this location keeps free of it, and can it be removed or re-aimed?

Where it comes from, location by location

Places kept privatestatutory requirement not allowed hereNo surveillance of employees in a change room, toilet, shower or other bathing facility at a workplace. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) NSW WSA s 15
Places kept privatestatutory requirement not allowed hereNo surveillance in a toilet, change room, shower or bathing facility, parent or nursing room, prayer room, sick bay or first-aid room. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas, lactation, nursing or parent rooms, prayer rooms and first-aid rooms or sick bays) ACT WPA s 41
Places kept privatestatutory requirement not allowed hereNo camera or listening device in workplace toilets, washrooms, change rooms or lactation rooms, whether or not the workers consent. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and lactation, nursing or parent rooms) Vic SDA s 9B
Places kept privatestatutory requirement not allowed hereRest rooms, locker rooms and lounges. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and break rooms or staff lounges) Connecticut General Statutes 31-48b, named, not quoted
Places kept privatestatutory requirement not allowed hereRestrooms, locker rooms and changing rooms. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) New York Labor Law 203-c, named, not quoted
Places kept privateofficial guidance, not law guidance says noToilets and changing rooms only in the most exceptional circumstances. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) ICO video guidance P.3 official guidance, not law
Places kept privateofficial guidance, not law guidance says noNo cameras in sanitary facilities; rest areas are where people expect not to be watched. (where it covers toilets or washrooms, showers or bathing areas, change or locker rooms and break rooms or staff lounges) EDPB video guidelines para 3.1.3.2 official guidance, not law
Places kept privateofficial guidance, not law guidance says noLimits by place: never in sensitive areas such as places of worship, sanitary facilities and break rooms. (where it covers toilets or washrooms, showers or bathing areas, change or locker rooms, break rooms or staff lounges and prayer rooms) WP249 para 3.1.1(d) official guidance, not law
Places kept privateofficial guidance, not law guidance says noCameras do not film break or rest areas, toilets, or union and staff representative premises. (where it covers toilets or washrooms, showers or bathing areas, change or locker rooms and break rooms or staff lounges) CNIL guidance VID-3 official guidance, not law

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