Legal Advice
In absence at any express provision in relation to what constitutes a breach of private life, we advise that hotels are at liberty to install cameras on their premises – generally in the lobby, reception, bar, restaurants and corridors. Installation of cameras would in effect assist the hotel in various ways including security of the hotel guests. However, what the hotels need to bear in mind is how to use the information recorded in the cameras for the purposes of carrying out their investigations. It would seem unreasonable for the hotels to publish their findings of recordings over the media or internet without prior disclosure to the police authorities.
If the hotel has captured criminal activities by the staff or guests on camera recordings; then prior to taking any steps in relation to the release of the footage, we
would strongly advice hotels to first consult and report the matter to police authorities before releasing any footage on media/internet or other medium of
communication exchange.
Installation of cameras however in rooms or personal guests’ space ought to be excluded.
Moreover, hotel premises fall within the ambit of private property therefore hotel owners are at liberty to install cameras for their own safety and the safety of their guests in addition to safety of hotel property and guest property, however the hotel must have regard to the contrary balancing interest which is, would the use of evidence obtained from the camera infringe the right of privacy at the individual concerned.
Hotels owe a duty of confidence to their hotel guests in which guests expect their privacy to be protected at all times including their names and other confidential
information. Hotels must ensure that this confidence is not breached unless it is the interest of justice or if the law requires otherwise.
The installation of cameras in the lobby, reception, bar and restaurant areas does not outright infringe section 24 of the Constitution on the right to privacy, however hotels must have due regard to the how they intend to use evidence captured in such recordings. Due care must be taken prior to evidence being disclosed to any party whether internally or externally to ensure that the right to privacy of a particular guest is not breached.
