A man says he was humiliated after he spotted cameras in the bathroom of a popular bar in Christchurch.
However, the bar has defended its use of cameras, saying it is used to provide a safe environment to all.
The Rockpool Bar, located in the heart of Christchurch's nightlife area of the CBD, is a popular pub buzzing with patrons on weekends.
The Hereford Street premise is equipped with DJs, pool tables and gaming machines to keep their customers entertained until the early hours of the morning, but for one pub-goer the use of CCTV cameras put a damper on their experience.
While inside the men's bathroom, the man, who wishes to remain anonymous, noticed there was a camera in the entranceway and another in the corner of the room.
"When I saw the camera I felt somewhat humiliated," he told Newshub.
"No matter the reason, for a camera in that position is unreasonably intrusive. I don't expect many people to feel otherwise."
The Rockpool Bar told Newshub the camera is there for protection. A spokesperson said the camera films the shared common area and is positioned in a way that patrons using the urinals or inside the cubicle can not be seen.
The spokesperson also said there is adequate signage in the bar to inform people of the use of cameras.
Legal grey area
The issue of cameras inside bathrooms falls under the Privacy Act.
A spokesperson for the Office of the Privacy Commissioner said any organisation using CCTV must be transparent about what information they are collecting and why.
"Organisations must only collect personal information if it is for a lawful purpose connected with their functions or activities, and the information is necessary for that purpose," the spokesperson said.
"Organisations must ensure there are safeguards in place that are reasonable in the circumstances to prevent loss, misuse, or disclosure of personal information collected by the CCTV."
In particular to the use of cameras in bathrooms, the Privacy Commissioner's website said when positioning cameras, organisations should not collect personal information in a way that will "intrude to an unreasonable extent on the privacy of the individual". It said using CCTV in bathrooms or changing areas is highly likely to breach this principle.
"It is almost certainly going to be seen as unreasonably intrusive if you have cameras pointing at or into bathrooms," it states.
A similar previous case study back in 2013 found a pub that had a camera in the men's toilet had breached a complainant's privacy.
The case found while the pub had adequate signage around the use of CCTV and there was a genuine need for cameras to be mounted in most public and staff areas for safety and security reasons, the purpose for having a camera in the toilet was not clear.
As a result, the camera was removed.
