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secret filming in The AnswerBank: Law
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secret filming

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Liza B | 10:06 Wed 07th Jan 2009 | Law
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Hi folks. I work in a shop and we have a mystery shopper, which is fair enough. The thing is 'the powers that be,' have decided that they now want the mystery shopper to have a secret camera and to film us. We were asked to sign that we agree to be filmed, I don't think its right and said no, so did 2 other workers, we are now told that they only need 75% of the staff to agree for it to go ahead. the others don't think it is right but agreed any way. So they have 75%.
Can they still film the ones that said no? As far as I knew you cannot be filmed unless you give permission or am I wrong? No point in asking the boss as he's not happy that we didn't agree.

Cheers

liza.
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what do you have to hide?
Presumably the mystery shopper will only be in places the general public will be allowed to go in to, so you will not be filmed in your own time such as breaks.

Many many businesses and shops have CCTV where staff are filmed constantly - it is common practice. I can't see any legal reason why your employer can't do this
As the building is a public place I think you can be filmed without permission. Remember CCTV films no end of people without permission. However it will be illegal to publish the film of you without your consent. So it boils down to what your company plans to do with the footage.
i recon its to check out workers cleavages....watch out...
The most essential point I need to ask of you is this: if it is filming in "secret", how come you know about it ?

Undercover filming in the workplace and in the street goes on all the time whenever a "whistleblower" has complained to the media, for example, in filming behind the scenes in restaurant kitchens (for matters affecting poor hygene about which the public should be made aware), or in care homes (where there may have been an allegation of ill-treatment of an elderly patient by a member of the staff), so I fail to appreciate what all the fuss is about in the circumstances about which you show concern.
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Thank you for your answers.

I have nothing to hide I do my best for all my customers, I just feel that I will have at the back of my mind ' are you filming me' and I feel uncomfortable with that.

We do have cctv at work which I don't mind, it 's the one on one filming I don't like.

As far as I know they are planning to show the bosses the filming and use as training.

What I don't get is why they asked us in the first place, when it first came out they said if just one person disgreed it would not go ahead, then it got changed to 75%.
Sorry to state the obvious, but how the hell do you know who the Mystery Shopper is/will be? I realise you may get warned that they are in the area and will be popping in on one day during the week, but are you going to think that of every customer for a whole week?

You don't know who the MS is, so therefore why worry about it. You are being filmed all the time whilst you are at work anyway and those cameras are far more likely to pick you up being rude or behaving in a not very customer like way than any MS in the store for 30 mins or less
Mystery shoppers are obvious, don't worry.
No, they are not obvious, from experience from both sides of the fence. No point in having them if they were, really is it?
Do any on you who have replied have legal knowledge or work in law. I think it's a valid question. It's bad enough being made to perform like trained monkeys delivering a sequence of speeches without having a camera shoved up you nose while you're trying to do your job.
As you can probably tell I had the same question as the original person. I too have nothing to hide but as my boss misuses the CCTV as it is what's to say he won't misuse this?!

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