33
franchise.co.nz – PUTTING PEOPLE IN BUSINESS
Wynn Williams
www.wynnwilliams.co.nz
Contact
Katrina Hammon
09 300 2647
021 221 8847
katrina.hammon@
wynnwilliams.co.nz
Advertiser Info
CTV can be a powerful tool for protecting your people, premises,
and profits, but if you’re not following the rules under the Privacy
Act 2020 (the Act), you could be breaking the law without even realising
it. Whether you’re a franchisor setting system-wide standards or a
franchisee managing day-to-day operations, you need to understand
the line between protection and privacy breach. Katrina Hammon, Wynn
Williams’ franchise-experienced Partner and Associate Meg Moot, have
prepared the following explanation and tips to help you get it right.
Privacy Rules for CCTV Use
CCTV footage is classed as personal information if it can identify
individuals. That means your use of cameras must comply with the
Act’s Privacy Principles, which cover how you collect, store and use
personal information.
• Be transparent: Inform your customers and staff that CCTV is operating.
• Record for a legitimate reason: Only collect footage if necessary for
a legitimate business purpose, such as preventing theft or ensuring
safety. Recording in private areas, like bathrooms, is rarely justifiable.
Hot tip: Collecting audio is more invasive, so avoid using this feature
unless you have a strong justification.
• Control use: Only use footage for the reason you collected it. For
example, you cannot use CCTV to monitor staff performance unless
this was clearly disclosed.
• Store securely, keep briefly: Ensure only authorised people can review
the footage. Footage should be deleted after a short timeframe unless
there’s a lawful reason to keep it longer, like investigating an incident.
• Footage requests: Individuals have the right to request footage they
appear in. You must respond within 20 working days. But be careful!
Consider whether and how you disclose the footage and if you need to
blur other identifiable individuals.
Getting CCTV Wrong
Guidance from the Office of the Privacy Commissioner (OPC) has shown
that failing to display proper signage or using footage for reasons
beyond its original purpose has landed businesses in hot water -
resulting in investigations by the OPC and orders to pay customers or
staff compensation for distress.
Staying on the right side of the Act isn’t just about avoiding penalties
however, it’s also about building trust with your employees and your
customers.
Top Tips
• Review your CCTV policy for legal compliance. No CCTV policy?
Get in touch.
• Check your in-store signage, making sure that it’s clear,
visible and current.
• Audit existing CCTV practises, including storage timeframes and
access controls.
• Train all staff on
appropriate CCTV use
and handling footage.
Done well, CCTV can
protect your business.
Done poorly, it can
expose you to serious
reputational and legal risk.
For privacy advice tailored
to your franchise, speak
to a member of the Wynn
Williams’ team.
Wynn Williams outlines the limits
and legal obligations for franchises.
Franchise Management
USING CCTV
Do you
want to
own a
business?
Simple.
Profitable.
Affordable.
Guaranteed.
CALL FOR YOUR FREE INFO PACK
0800 500 054
www.cleantastic.co.nz