By using this site, you agree to the Privacy Policy and Terms & Conditions.
Accept
routeonerouteonerouteone
  • News
    • Show all
    • Awards & Events
    • Deliveries
    • Environment
    • Exhibitor News
    • Euro Bus Expo 2024
    • Features
    • Legal
    • Minibus and minicoach
    • Operators
    • Opinion
    • People
    • Suppliers
    • Vehicles
  • Vehicles
    • Find a Vehicle
    • ZEV Comparison Tool
    • Sell a Vehicle
    • Vehicle Seller Dashboard
  • Insights
  • Careers
  • Events
    • British Tourism & Travel Show
    • Euro Bus Expo
    • Innovation Challenge
    • Livery Competition
    • routeone Awards
  • Advertise
  • Contact
    • Share your news
    • Subscribe
    • Update Subscription Details
  • Latest Issue
  • SIGN UP
Search
© 2024 routeone News. All Rights Reserved.
Reading: Legal Q&A: CCTV and right-to-work
Share
Font ResizerAa
routeonerouteone
Font ResizerAa
Search
  • News
    • Show all
    • Awards & Events
    • Deliveries
    • Environment
    • Exhibitor News
    • Euro Bus Expo 2024
    • Features
    • Legal
    • Minibus and minicoach
    • Operators
    • Opinion
    • People
    • Suppliers
    • Vehicles
  • Vehicles
    • Find a Vehicle
    • ZEV Comparison Tool
    • Sell a Vehicle
    • Vehicle Seller Dashboard
  • Insights
  • Careers
  • Events
    • British Tourism & Travel Show
    • Euro Bus Expo
    • Innovation Challenge
    • Livery Competition
    • routeone Awards
  • Advertise
  • Contact
    • Share your news
    • Subscribe
    • Update Subscription Details
  • Latest Issue
  • SIGN UP
Follow US
© 2024 routeone News | Powered by Diversified Business Communications UK Ltd
- Advertisement -
-
routeone > Legal > Legal Q&A: CCTV and right-to-work
Legal

Legal Q&A: CCTV and right-to-work

JMW Solicitors’ expert offers advice on industry-related law matters

Laura Hadzik
Laura Hadzik
Published: May 13, 2024
Share
cctv bus
Operators should comply with requests for CCTV footage but exemptions are in place to protect passengers
SHARE

Q

We have received a Subject Access Request (SAR) from a passenger that includes a request for CCTV footage from the vehicle. Do we have to provide this?

A

Complying with SARs can take significant time and resource, and requests for CCTV footage can complicate matters.

If an operator receives an SAR from a passenger (a data subject) that includes a request for CCTV footage, the likelihood is that it will have to comply with the request; however, data protection legislation does allow an exemption whereby CCTV may not have to be provided if, as is likely to be the case here, other passengers’ faces are visible in the footage.

This does not mean this exemption can be applied across the board to all SARs that include CCTV footage, as, if the following can be achieved, operators must still comply with the SAR: (i) the consent of the other passengers can be obtained; or (ii) it is reasonable to disclose the information.

If the consent of other passengers cannot be obtained, operators should consider if they can, for example, blur out the faces of other passengers.

If the consent of other passengers cannot be obtained, operators should consider if they can, for example, blur out the faces of other passengers

If this process can be done without significant cost and time being incurred, the SAR will have to be complied with, as this is likely to meet the “reasonable” threshold mentioned above.

If the other passengers’ faces cannot be effectively blurred, operators should consider whether there are other means of redacting the faces of other passengers.

The exemption under which CCTV may not have to be provided is not a blanket exemption but is a useful consideration if an SAR becomes excessive in terms of devoting resources to comply with the request.

That said, operators should still consider each SAR on a case-by-case basis and ensure data subjects are not denied access to other personal data when making a request that includes CCTV footage.


Coach and bus driver resource availability

Q

Civil penalties for employing illegal workers increased recently. What are my obligations and how do I avoid a penalty?

A

On 13 February, the civil penalty for employing an illegal worker rose from £15,000 to £45,000 per employee for a first breach, and £20,000 to £60,000 per employee for a repeat breach (within three years).

To establish a statutory excuse against liability for a civil penalty, a right to work (RTW) check must be undertaken in accordance with Home Office guidance.

If an RTW check has not been undertaken and you are found to be employing an illegal worker, a civil penalty will likely be imposed.

You must therefore conduct RTW checks on all potential employees — to satisfy yourself the individual is allowed to work in the UK — and retain evidence of the checks that you have undertaken.

Do not make any assumptions about an individual’s RTW in the UK and treat all job applicants in the same way (to avoid any potential discrimination issues).

There are three ways to conduct an RTW check: a manual check (which enables operators to accept original documents from List A or List B of the government’s RTW checklist), an RTW check using identity document validation technology via the services of an identity service provider, and a Home Office online check (using a share code that can be input into the relevant gov.uk webpage).

If none of the above checks can be undertaken, operators can contact the Home Office employer-checking service.

You must retain evidence of the RTW check undertaken. The check must also be undertaken in the presence of the prospective worker (either in-person or via video call) and follow-up RTW checks should be diarised if necessary (for example, if a worker holds limited permission to remain).

[Answers by Laura Hadzik, Partner; Gemma Tracey, Partner; James Harvey, Solicitor]

  • For a free legal consultation with JMW Solicitors, contact Laura Hadzik on laura.hadzik@jmw.co.uk/0345 450 7726 
  • Email your legal questions for future issues to routeone on editorial@route-one.net 
TAGGED:JMW Solicitorslegal
Share This Article
Facebook LinkedIn Threads Email Copy Link
Previous Article Mental health: Addressing the risk factors in coach and bus
Next Article Bus must align itself with other political priorities, CPT advocates Bus must align itself with other political priorities, CPT advocates
- Advertisement -

Latest News

Temsa HD12 and HD13 delivered to Cresta Coaches under Asset Alliance rental deal
Temsa pair join Cresta Coaches on Asset Alliance rental agreement
Deliveries
Go-Ahead London – Managing Director
Careers Jobs
andy burnham tfgm £15.6 billion (1) The funding announced by Chancellor Rachel Reeves today (4 June) has been allocated to several combined mayoral authorities to use on rail, tram, road and bus infrastructure. Transport for Greater Manchester revealed today that part of the £2.5 billion it will receive will go towards making the Bee Network fully battery-electric by 2030. An as-yet undecided portion of that will support a planned investment in 1,000 new zero-emission buses over that period, the mayoral authority said. That is part of plans to build the UK's "first fully integrated, zero-emission public transport system", with trams and trains also set to benefit. Liverpool City Region's already announced BRT system is among the projects to which its £1.6 billion will be allocated. Under those plans - due for realisation by 2028 - a high-speed network will be served by articulated buses which are modelled on the 'Glider' in Belfast. It is due to link Liverpool city centre with John Lennon Airport, and Liverpool FC and Everton FC's respective stadia along three routes. Although the model of bus has not been confirmed, a Van Hool Exqui.City on loan from Belfast was last year used as a demonstrator. That 18m vehicle can accommodate around 30% more passengers than a typical bus and has three sets of double doors. The funding will also go towards buses elsewhere in the city as the region heads towards franchising services by 2027. Liverpool Mayor Steve Rotheram with a 'Glider' which was on loan from Belfast last year - an example of the sort of bus which could serve the new BRT Bus services in the East Midlands region will be boosted by the funding, thanks to the £2 billion handed to it today by the government. Some of that allocation will be used for a rapid transit network on the Trent Arc between Nottingham and Derby. Between the two cities, the Freeport, Infinity Park Investment Zone and Ratcliffe-on-Soar will also benefit from the improved bus services. South Yorkshire Mayoral Combined Authority's newly announced commitment towards bus franchising has been boosted by £350 million in funding as part of that region's allocation. The funding for West Yorkshire will help build new bus stations in Bradford and Wakefield. Likewise, the Tees Valley Mayoral Authority will put its sum towards a new £15 million bus station in Middlesbrough. Transport Secretary Heidi Alexander says: "Today marks a watershed moment on our journey to improving transport across the North and Midlands – opening up access to jobs, growing the economy and driving up quality of life as we deliver our Plan for Change. "For too long, people in the North and Midlands have been locked out of the investment they deserve. With £15.6bn of government investment, we’re giving local leaders the means to drive cities, towns and communities forward, investing in Britain’s renewal so you and your family are better off."
TfGM’s all-electric bus plan boosted by new £15.6 billion package
News
Local Transport Minister opens First Bus electric depot in Hengrove
Local Transport Minister opens First Bus electric depot in Hengrove
Bus
- Advertisement -
-

routeone magazine is the indispensable resource for professional UK coach, bus and minibus operators. The home of vehicle sales and the latest bus and coach job vacancies, routeone connects professional PCV operators with complete and unrivalled news coverage.

  • Terms & Conditions
  • Privacy Policy
  • GDPR Policy
  • Sustainability
  • Advertise
  • Latest Issue
  • Share Your News
routeonerouteone
Follow US
© 2024 routeone News | Powered by Diversified Business Communications UK Ltd