This article pertains specifically to UK law and the rules of the road.
The desire to record audio as well as video is quite natural. It’s not so much during an incident, but it is very useful afterwards when the third-party, who perhaps caused the incident, says something incriminating. It is also very useful for vehicle security purposes where a thief’s voice, or something they say, may give away their identity.
But beware! In 2008 the Information Commissioner’s Office (ICO) released a revised CCTV code of practice. It stated that sound recording is unnecessary and, unless you have a very specific need, intrusive. If used in appropriately you may therefore be violating the Right to Privacy section of the Human Rights Act 1998 (or the British Bill of Rights – not in effect at the time of writing).
You therefore need to seriously consider the following:
When the truck is stopped at the depot, if you have a vehicle CCTV system that provides continuous recording/delayed switch-off (as our CameraMatics systems do), then you are technically recording in the workplace. But more importantly, the cab is the driver’s ‘workplace’ hence laws against smoking in the workplace apply to commercial vehicles.
Recording what people say in the workplace is considered a major privacy issue, and much more so than just video recording. You will therefore need to justify the need for it and prove that your use of it will follow very clear and tightly controlled processes. This is essentially the same situation as the issue of installing in-cab cameras, and covered in our article on Driver Facing Cameras.
When the driver is in the cab resting, perhaps off-duty for long-distance drivers, there is an entirely different and elevated expectation of privacy than when they are driving and on-duty. Even then, private conversations cannot technically be used against the driver unless it is material to a breach of employment or a law.
So, you need to outline why you need to record audio. What it will be used for and what it won’t be used for. You also need to mark the vehicle to very clearly show that video and audio is being recorded. This protects a worker, who might say something off-camera in a private conversation, from being sanctioned.
All this needs to be included in privacy policies and employee contracts so it is very clear to employees how you intend to use and monitor these recordings.
This is similar to the issue of recording audio in the workplace, except that it affects the general public who have no relationship to your company. You must therefore very clearly label the vehicle and never use content that is not relevant to any situation or incident related to the vehicle.
The last thing you want to have happen is that you add audio and cover all your regulatory requirements, only to discover that the quality is poor. So be sure to test the solution is all situations, such as driving (to assess wind noise) and stopped with engine on and off, to be sure you can record audio clearly.
But the main warning we would ask you to heed is not to publish anything on a public site or forum that includes any audio (or video for that matter) that can be used to personally identify anyone where you do not have their permission and especially where you intend to bring a case against someone recorded in the video. Publicly posting content before a case is concluded could negatively impact on the outcome, and it is certainly very frowned upon.
Finally, and in short, you must be able to show that you are recording audio to protect your employees rather than snooping. It is important that you have very clear privacy and retention policies in place and all employees are given them. Also, the policies and processes should be audited to ensure you are fully compliant. The first thing any defence barrister will do, is to try to exclude the recorded content from any case. Any issues with non-compliance would point to the recordings being gathered illegally and that would see the evidence being thrown out. If this sounds like a lot of effort then your need for audio is probably not great enough. In this case stick to just video recording.
This is the fifth in a series of articles about vehicle cameras and the law, however, should you have any concerns or questions about the implementation or use of vehicle cameras, we would suggest you consult with your solicitor. If you would like to discuss your vehicle camera needs, be sure to contact us as we’ll be delighted to answer your questions and provide our expert advice on the various options.
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