News | Sunday, 05 July 2009

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Public Service Commission quashes CCTV evidence

James Debono
CCTV footage cannot be used in disciplinary procedures against employees if they are unaware of the presence of cameras in their workplace, the Public Service Commission has decreed.
On the advice of the data protection commissioner, the PSC ruled that evidence obtained through a CCTV without the employees or their unions having been pre-notified, could not be used as evidence during disciplinary proceedings.
The PSC was hearing an appeal presented by a departmental head against a verdict by another disciplinary board, which found the accused not guilty.
The CCTV footage was obtained from a camera installed in the law courts. “While the officials’ ultimate objective was praiseworthy, the Commission could not but reaffirm that the case against the officer in question should be quashed.”
The Public Service Commission is an independent body established by the Constitution to advise the Prime Minister on public appointments and the exercise of discipline.
Last year the commission dealt with 51 disciplinary cases – 36 involving violent behaviour, five drugs-related cases, five cases involving theft or fraud, four concerning unauthorised absences and insubordination, and one case of pornography.
Five workers, four of which were involved in the drugs-related cases and one involved in fraud, were dismissed.

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