Co-Worker Taking Photos in The Workplace

LIcersau on 21/06/2017 - 03:34

Long time reader first time poster.

I work in the security industry in Victoria and currently do 12 hour shifts on a rotating roster.

Background: have worked in the industry for 8 years for 3 different companies but all on the same contract. I have been on current site for 4 years and with the most recent company taking over 5 months ago.

Site is 2 man, 1 senior and 1 junior. In this situation I am the senior guard.

We recently had a new guard transferred to site due to the original guard not liking the hours for the new company. We had been warned that this guard had a tendency to report/tell on others for various things from his original site.

I had been told by a guard on our site that he believed this guy had photographed him while he was writing emails, nothing incriminating would show up in the picture as the guard was not doing anything at the time other than typing and listening to music on his iPod.

Tonight while I was working with the new guard he appeared to have his camera facing myself while I had my feet propped up on some drawers and was listening to a podcast on my iPad with headphones in. I was still monitoring alarms and CCTV and When I looked over at him I noticed his phone was at an odd angle and seemed to be pointed at me with him looking at it, when he saw me looking at him he locked his phone, put it in his pocket and left the control room to go on patrol very quickly as if he had been caught.

This all took place in a control room out of public view and I believe I should have some expectation of privacy in this case as it is not accessible to public and is behind access controlled doors at 2am. The building we are in is also private property, so photos for public are not allowed.

Tl;dr can a coworker photograph me whilst I am on duty and is there an expectation of privacy in a secure control room?

I am considering sending HR an email regarding this behaviour.

Education & Work

Comments

  • Nugs on 21/06/2017 - 06:41
    +3

    yeah, he's a dibber dobber.

    but why do you have your feet up at work? surely your realise that is a bad look regardless. what will be your explanation for HR?

    • Icersau on 21/06/2017 - 08:12
      +1

      The drawers i refer to are used as a foot stool, we are in a back of house area out of view. Our immediate boss has no problems with us using the drawers in this way.

    • Almost Banned on 21/06/2017 - 11:47
      +1

      I don't see anything wrong with putting your feet up at work provided:
      1. it does not interfere with your work
      2. You cannot be seen by customers, and
      3. You don't have dirty feet.

  • chumlee on 21/06/2017 - 07:21

    I would just tell him if he's going to record you again you will …………

  • xoom on 21/06/2017 - 07:23
    +2

    had a co worker take a photo of me at work. unsolicited mind you. tells me he will have to delete it. then proceeds to whinge that he doesnt want my photo on his phone. to which i replied then why did you my photo in the first place dumb arse?

    • poboy on 21/06/2017 - 08:15
      +3

      I think he likes you

      • JIMB0 on 21/06/2017 - 20:36

        A true bromance.

    • [Deactivated] on 25/06/2017 - 04:21
      -1

      Dat sexual tension

  • EightImmortals on 21/06/2017 - 07:42
    +4

    Sounds like the type that would be better suited as a guard in a Nazi concentration camp. There are LOTS of people like that around these days. What? You think Hitler did it all without any help? :)

    But, yeah I'd report your suspicions to HR and if you catch him pointing the camera at you again just confront him about it…in a nice way I mean just to see if you can help him sort out whatever the hell his issues are.

    (As you can see I have ZERO time for busybodies, snitches and authoritarians. )

    • altomic on 21/06/2017 - 12:47
      +3

      I'm telling on you

  • [Deactivated] on 21/06/2017 - 08:06
    +1

    I bet he wants to be the senior guard so he is a little poussy bitch

  • Mrbean007 on 21/06/2017 - 08:16
    -1

    Sure his not gay he might like you :)

  • holdenmg on 21/06/2017 - 08:36
    +21

    I'd just call Security… (Oh wait) lol

  • try2bhelpful on 21/06/2017 - 08:42
    +1

    I would think that photos like that can't be taken in secure areas. If you are on good terms with your immediate boss I would raise this with him. Unless this other guy is a plant by head office to try to uncover "slack", or inappropriate behaviour, then they would probably consider him to be a security risk. I would be very surprised if a security firm doesn't have rules against this sort of behaviour; given some shopping centres even have signs you can't take photos in them. You might be able to turn the tables on this guy.

    • Icersau on 21/06/2017 - 08:46

      Well the building does have rules specific to taking photos, as its private property and a very high security site public are not to take photos inside. But i checked the SOP's first before coming and posting on here but there is nothing specific to this topic in regards to security officers taking photos.

      i just thought that there would be some sort of privacy law that would cover myself and any of my work mates if he did happen to find any wrong doing with a photo and passed this photo onto someone else.

      I kept on finding things related to "expectation of privacy" which i though might apply as we were in a back of house area away from public access.

      • try2bhelpful on 21/06/2017 - 08:58
        +3

        I don't think there is a privacy law in relation to photos at work; but I would be going to your boss about this. If only to make sure you are on the record about what this guy is doing in case he is up to something dodgy. I would also get a ruling from your boss on if this guy is compromising security with what he is doing. I can't see how it is OK for people to take photos in a secure area - these could be used to help criminals "case the joint". If this pans out right then you might be able to get him in trouble whilst making yourself look keen and concerned.

  • Jules_d1 on 21/06/2017 - 08:45

    As this is a private area, legally he is not able to take photos of you without your consent. I'm unsure if any of your work regulations waive this but I doubt it. I would simply inform him that if he does it again to you or your colleagues, he will be reported to HR and police (if you want to threaten such a thing). Hopefully he will back off.

    If it continues, you are fully in your rights to report him. The challenge is the burden of proof that is upon you. He doesn't have to show his phone to anyone within the business and if he had half a brain he would have deleted/moved the images anyway.

    • mskeggs on 21/06/2017 - 09:05
      +1

      I'm not sure what law you think applies to prevent him taking photos. Do you know?
      The property owner could insist he leave, but I don't think there is any law specific to taking photos of others.

      • inherentchoice on 21/06/2017 - 09:49

        There are privacy laws but they apply to corporations not individuals, and I'm presuming it was not a work phone. There are also offences for hidden cameras in changerooms/bathrooms, but otherwise I am with you mskeggs and don't think there's any specific law that prevents taking photos of others.

        • Jules_d1 on 21/06/2017 - 10:16

          It is an area I have had to get legal advice on as I manage a gym and have had issues with people taking photos of others within the gym.

          Our Lawyer advised:

          If you are in a public area, you are within your rights to take photos of anyone.

          Within private property you must gain consent from someone if you are taking their photo.

          Our gym is considered private property and therefore taking photos of people without their consent it against the law. I would assume the same would be said for the property this person is working.

        • inherentchoice on 21/06/2017 - 10:19

          @Jules_d1: Your lawyer would have surely cited a law (i.e. Act of Parliament) or at least case law.

          I just did a quick Google though and did find this info sheet: https://www.artslaw.com.au/images/uploads/Street_photographe…

        • Jules_d1 on 21/06/2017 - 10:27

          @inherentchoice:

          s91K of the Crimes act.

          On further inspection this is moreso related to being caputred in a private act a 'private act'. We had issues of members being captured in compromising positions which may have a 'sexual interpretation'. Unless you are doing something a little funky at work, I don't think this applies.

          As it is still private space, The owner of the private space essentially dictates what can and cant be filmed on their grounds. If the owner doesn't want this to happen, you can be legally asked to leave (essentially meaning you've just lost your job). If they say its permissible, we'll you're shit outta luck unless there are other reasons why she shouldn't be taking your photo.

          Your best bet is putting in a harassment case to HR our claiming he's not focused on his job.

        • inherentchoice on 21/06/2017 - 10:35

          @Jules_d1:
          Okay so unless it's voyeurism or a photo of a 'private act', then it looks like it's not a criminal offence or breach of the law, but it may be a civil dispute for breach of contract, if the property owner restricts taking photographs?

        • Jules_d1 on 21/06/2017 - 10:39

          @inherentchoice:

          "The owner of a private property can prevent you from filming on their property. Failure to comply with the owner of a property who asks you to stop filming while on their property can lead to you being banned from the premises, or even possibly facing a civil lawsuit such as a nuisance suit"

        • inherentchoice on 21/06/2017 - 10:41

          @Jules_d1: Right, so it's not a law that prevents taking photos. Rather, it's the property owner.

        • Jules_d1 on 21/06/2017 - 10:42

          As long as the images are not of him engaging in some manual stress relief in the bathroom, pretty much.

  • DarkOz on 21/06/2017 - 08:52

    If you haven't done anything wrong, in which your management wouldn't like you to do, there is nothing to worry about.

    If you didn't like his behaviour I would say confront him and have an open chat to see what is going on. If that doesn't resolve the issue you should talk to your management.

  • mskeggs on 21/06/2017 - 09:12
    +3

    Privacy laws in Australia are very limited.
    In the case of photos, it has mainly come up with paparazzi going after celebrities.
    Specifically, they can take photos from anywhere, but can be physically removed from private property if the property owner so wishes.
    I don't think this is going to help you in this case.

    My suggestion is to tell your manager you believe he is taking photos of you secretly, hint you think he may be a pervert and that this makes you very uncomfortable, and if he was taking photos for that purpose it would be a pretty powerful sexual harassment infringement. You might even go further and say you think he is trying to cover up his weird ways by claiming the photos are all innocent and to 'catch out' people, but from looks he has given you, it has lead you to think otherwise.

    No manager or HR department wants anybody doing anything that could possibly result in this.

  • BuyoTheCat on 21/06/2017 - 09:21
    +3

    Take a photo of him taking a photo of you.

    • altomic on 21/06/2017 - 12:48
      +4

      He'll then take a photo of you taking a photo of him taking a photo of you.

      When will the madness end?!

      • [Deactivated] on 21/06/2017 - 14:39
        +1

        take a photo of him taking a photo of you, print it out as a big banner and place it in between you so if he tries to take a photo of you he takes a photo of himself taking a photo

        photoception

  • QW3RTY on 21/06/2017 - 09:30
    +2

    I would just approach him following that situation and politely, yet bluntly tell him that you don't feel it appropriate that he takes photos of you in the office — and leave it at that. Next time you catch him doing it, tell him you'll make a report to your employer.

    Also, shouldn't he be off his phone and performing duties? Perhaps something else to remind him of.

    • Dave Id on 21/06/2017 - 14:43
      +2

      Bikies!

  • dcep on 21/06/2017 - 09:55
    +1

    stick a fake gopro on your chest.

  • PJC on 21/06/2017 - 12:22
    +2

    In front of him, ask your manager why he told the new guard to make recordings of you.

  • outlander on 21/06/2017 - 14:46
    +1

    Do you watch The Office? I think they handled this situation in one of the episodes

  • iratepirate on 21/06/2017 - 15:14

    Think long and hard before contacting HR. Remember their job is to stop the company getting involved in law suits, not to help you or anyone else.

  • jlogic on 23/06/2017 - 21:14

    Sheesh… One of those people.

    If you do the job within the parameters, it's a job well done.

    I would pin him for being unproductive and wasting time taking random pictures of things and not focusing on the job.

    He most probably on OzB scouting all the SD card deals, I am assuming he records and annotates the photos for record keeping. He would have a ton I would imagine.

    Reminds of that traffic control guy on Highway Patrol that said the cops who told him to move off the bridge needed to communicate with him better, because he had authority to stop traffic. GG cops tell you to move you move, especially if you can get hit by incoming traffic. Some people take their job too seriously in the wrong way.

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