Are CCTV cameras in school bathrooms infringing on student privacy?

Publish date: 2024-06-14

A privacy law expert says schools are putting themselves in a "risky" position by installing CCTV cameras in bathrooms.

It comes as the Privacy Commissioner says it's seen an increased number of schools asking about installing cameras in bathrooms – as they look for ways to stop bullying and vaping on school grounds.

Nationwide schools say vaping among students has become an epidemic, with large groups shuffling into bathrooms and making the spaces intimidating for others.

It's led to several schools installing CCTV cameras in bathrooms - in an attempt to stamp out the habit.

In a release yesterday, the Privacy Commissioner said it has received a number of queries from schools, who were "asking about their options for using CCTV".

"Schools want to know if they can install Closed Circuit Television (CCTV) networks in children and young people's bathrooms to deter negative behaviour such as vaping and bullying," a spokesperson said.

But because "bathrooms are highly sensitive zones for privacy", the commissioner said schools must take it seriously.

Nikki Chamberlain, a senior law lecturer at the University of Auckland who specialises in privacy law, told 1News that while she understands their reasoning, schools are putting themselves in a "risky" position when putting cameras up in bathrooms.

"The schools that are considering doing so do need to be cognisant of privacy concerns," she said.

She explained that there are two bases for privacy complaints in the law – the Privacy Act and Information Privacy Principles, "which essentially talk about the manner in which you can collect and store data".

She said the "manner of collection needs to be fair and reasonable in the circumstances, and arguably, collecting data on CCTV footage, in a school bathroom, depending on where that camera is, could be seen as not being fair or reasonable".

"But the bigger concern is that the common law tort, which is called 'intrusion into seclusion', it's a tort that we have adopted from the United States essentially says that you cannot unreasonably intrude into somebody else's seclusion."

Chamberlain said that depending on where the camera is placed, it "could be seen as not being fair or reasonable".

"In a bathroom, there are private activities occurring, and it would be seen as probably being highly offensive to have a camera there, depending on where it is.

"So I think that schools really need to think carefully before doing it because there's a high likelihood that they could be breaching privacy rights."

She said two types of privacy could be at risk by installing cameras in bathrooms, the first being spatial privacy and informational data privacy – if the data "was inadvertently disclosed to a third party that shouldn't have it".

She said if schools don't limit their liability as much as possible, installing cameras could be "risky" and could open them up to legal challenges.

"So there are a number of different privacy concerns that happened at various stages of the chain there, as you can see, which they could be sued on should something go wrong."

So what can schools do?

Chamberlain offered some advice to schools considering installing cameras to avoid infringing on students' privacy rights – and save them from future legal woes.

"Well, the first thing is to be aware of the risks," she said.

"There's always litigation risk with doing something of this nature, just because putting a camera into a space, which is private, traditionally private, will raise eyebrows."

She said the camera position needs to be considered – saying there are alternatives to putting cameras in the bathrooms themselves.

"Position your camera, potentially on the outside of a bathroom, where you can see who's going in and out, versus having one actually inside the bathroom where you can see people, you know, in the public area."

The stalls themselves should be off limits, Chamberlain said.

"I think given the private nature of a bathroom and students getting changed in the bathroom, potentially, you know, around gym class, or actually using the bathroom, it's a risk."

But she also said administration work, like the collection of the footage or audio itself, is essential to keep in mind, "making sure that disclosures are happening".

"Parents and students knowing exactly where the cameras are, why they're being put there, how long the information will be retained, security around how the information is being retained, whether it can be accessed on request by students or parents.

"And when that information will be deleted, are all things that they're going to need to disclose and have policy around.

"I understand why they would want to deter that behaviour. I just don't know whether CCTV cameras in bathrooms are the answer to that."

School with cameras has had 'zero' complaints

Rangiora High School introduced cameras into their bathrooms earlier this year to curb antisocial behaviour that was stopping students from going to the toilet.

Principal Bruce Kearney told Breakfast the school has had "absolutely zero" privacy complaints or concerns from parents and students.

"We had a couple of kids who got a little bit upset, but I have had zero negative responses in relation to putting these cameras up."

He said the cameras they've installed only take pictures when a vape sensor goes off, saying they went through a solid process for considering privacy before installing the cameras.

"You really have to go through a really good strong process to realise that or come to the conclusion that this is the best possible thing that we can do."

He believes the cameras were helping make students feel safe in the bathroom, saying vaping added to an uncomfortable environment for students.

JadeDash

Are CCTV cameras in school bathrooms infringing on student privacy?

So what can schools do?

School with cameras has had 'zero' complaints

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