The Privacy Commissioner has ruled on schools installing CCTV cameras in bathrooms after concerns about the behaviour inside school toilets had been raised.
Commissioner Michael Webster said schools worried about the behaviour inside school toilets have been calling the Office of the Privacy Commissioner asking what their options for using CCTV are.
"Schools want to know if they can install CCTV networks in children and young people’s bathrooms to deter negative behaviour such as vaping and bullying."
Webster said bathrooms are "highly sensitive zones" for privacy and outlined that there are some clear points that schools need to consider first.
Commissioner Webster said he is eager to make sure school Boards of Trustees and principals know what they need to consider before using CCTV as an option.
"These will make sure that those rules are followed, and to provide assurance to individuals that the measures will prevent the loss, misuse, or disclosure of personal information collected by the CCTV."
The guidelines
- Schools need to be open with their communities about using CCTV and have clear signage and notices of it
- They need to take care to focus cameras away from intimate activity (i.e., toileting and changing)
- Schools also need to be sure they’re not using audio to pick up conversations without additional privacy assessments done first
- Remember that everyone, regardless of their age, has privacy rights.
- Be open with your school community, including staff and students, about what information you are collecting, from where, and why.
- Only collect what is needed for the lawful purpose it’s going to be used for. That lawful purpose must relate to the functions or activities of that school
- Keep the information safe by understanding who will be viewing any footage captured, and limit that access to only those who need to see it.
- Know how long you’ll need to keep information for and when it will be deleted
- Boards of Trustees and Principals must ensure there are safeguards in place that are reasonable in the circumstances.
Webster recommended schools undertake a privacy impact assessment (PIA) for their school context before looking at installing CCTV in bathrooms.
"If they already have a PIA then they need to update it to extend CCTV to sensitive areas like toilets and changing areas."
Webster added PIA's help people identify and assess the privacy risks of data collection, use or handling of personal information.
"A PIA will also propose ways to mitigate or minimise those risks. This would include the consideration of less privacy intrusive means of achieving the outcomes sought."
