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

Many employers who hire foreign domestic helpers(FDHs) not only to share the duties of housework and cooking but also to assist in taking care of children or elderly family members. They may consider installing surveillance cameras at home to observe and monitor the working performance of FDHs. Employers conducting surveillance on their employees at home are subject to legal regulation, which may involve the collection of personal data under The Personal Data (Privacy) Ordinance. According to this ordinance, if the identity and personal data of employees in the workplace have been determined, employers must adhere to the requirements of the six data protection principles under the Privacy Ordinance.

The six data protection principles under the Privacy Ordinance are as follows:

(i) The purpose of collecting personal data,

(ii) Accuracy and retention period of personal data,

(iii) Use of personal data,

(iv) Security of personal data,

(v) Availability of information in general, and

(vi) Access to personal data.

For more details, please refer to the website of the Office of the Privacy Commissioner for Personal Data in Hong Kong: http://www.pcpd.org.hk/english/data_privacy_law/ordinance_at_a_Glance/ordinance.html

Recommendations from the Labor Department:

The Labor Department has issued guidelines stating that it is not advisable to conduct video surveillance on FDHs. Before installing cameras or CCTV for recording in the home, alternative methods that achieve the same objectives should be considered. Employers should strive to use the least intrusive methods possible and respect the privacy of FDHs.

1.      Employers can directly inquire about the performance of FDHs with children and elderly family members. Observing the interactions between FDHs and children or elderly family members can also provide insights into their performance.

2.      Discussing and specifying work schedules and responsibilities with FDHs can help ensure a more regular completion of tasks and allow employers to observe their work efficiency. If a FDH’s performance is unsatisfactory or tasks are not completed within the expected time frame, employers can communicate with them, offer assistance, or adjust work schedules to address difficulties or needs.

3.      Rewarding good performance is essential. If a FDH consistently completes tasks according to the schedule or exceeds expectations, employers should not hesitate to provide positive feedback and recognition, as this can significantly boost morale and work efficiency. Negative comments or attitudes should be minimized.

In the next episode, we will discuss the requirements for installing surveillance cameras and how to handle related recordings properly. Improper arrangements, lack of notification, or failure to explain to foreign domestic helpers may damage the employment relationship, resulting in more losses than gains.

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use