Part II - Privacy of Foreign Domestic Helpers - Can Cameras be Installed for Monitoring

The first part we have discussed that conducting surveillance on foreign domestic helpers(FDHs) is not as straightforward as one might think. This is because FDHs are also protected by the Personal Data (Privacy) Ordinance. Therefore, the Labour Department recommends a series of methods to be attempted before resorting to surveillance in order to safeguard the privacy of FDHs and establish a trusting employment relationship.

After careful evaluation, if an employer determines that it is necessary to install cameras and conduct surveillance at home, they must pay attention to the requirements of "legitimacy," "transparency," and “the use and retention of surveillance records”.

1. Legitimacy:

Employers should conduct surveillance openly, unless there are specific circumstances that support the need for covert surveillance that seriously infringes on privacy (e.g., using pinhole cameras). Reasonable circumstances may include suspicion of child or elderly abuse or neglect, such as accident on children or the elderly, unusual behavior by the FDH, suspicion of abuse within the home, and the absence of other practical means to obtain evidence of such behavior. In simple terms, this is when the safety and health of a child or elderly person are at risk.

Even if there is sufficient reason for covert surveillance, cameras should only be placed in areas where abuse is most likely to occur and should not be installed in bathrooms, toilets, or the FDH's private living space. Prolonged surveillance, such as when other adults are present in the home, is strongly discouraged by the Office of the Privacy Commissioner for Personal Data(PCPD) due to the serious privacy infringement involved.

2. Transparency:

Before conducting video surveillance, employers must clearly inform the FDH that there are cameras in the house. Employers must explain the surveillance measures to the FDH without ambiguity. Employers should provide oral or written notices to FDH. To avoid future disputes, the PCPD recommends that employers issue written notifications to FDHs. The notice should specify the purpose, reasons, arrangements, data retention, and handling methods of the video recordings. Employers should actively listen to and address the concerns of the FDH and should preferably conduct surveillance activities with the consent of the domestic worker.

Employers should note that notifying FDH of surveillance does not exempt them from compliance with privacy regulations. Therefore, employers must handle and use the collected personal data with caution.

3. Use and Retention of Surveillance Records

Employers must ensure that the collected surveillance data is related to the purposes stated in the notification to the domestic worker. Additionally, employers must carefully safeguard all surveillance records to prevent unauthorized disclosure or viewing by others. Under normal circumstances, the PCPD recommends that surveillance records should not be retained for more than seven days, and employers should regularly delete such records.

Video surveillance is by no means a panacea for improving the efficiency of FDHs. A good employer-employee relationship and a pleasant working atmosphere are achieved through long-term cultivation and mutual trust.

Related Article: Privacy of Foreign Domestic Helpers - Can Cameras be Installed for Monitoring (Part 1)

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