The cameras in the Thirsty Whale's washrooms. Photo / Supplied
The cameras in the Thirsty Whale's washrooms. Photo / Supplied
A Napier bar and restaurant says it does not believe an installation of security cameras in its washrooms breaches its customers' privacy.
The Thirsty Whale Bar & Restaurant owner Chris Sullivan said it took its legal obligations very seriously "including those imposed on us under the Privacy Act".
The cameras were installed to protect customers, do not capture images that could breach privacy, and are not always turned on, Sullivan said.
"We have CCTV cameras installed in our premises in a variety of locations, at entry and exit points, in the bar area, over the tills, on the dance floor etc however, we do not now and have never had cameras installed in the toilets filming any area where staff or patrons' privacy could be breached."
Sullivan says the cameras on the premises are clearly visible and are not hidden.
"At no point have toilet stalls, cubicles or urinal areas been filmed.
The waterfront Thirsty Whale restaurant and bar in Napier. Photo / Duncan Brown
"There are cameras in the foyer area leading to the toilets and over the doors to the toilet area (at the initial entry point and quite a distance away from the actual toilets themselves).
"We have identified that we require CCTV surveillance for a number of reasons, these reasons include, recording or detecting any events or issues that impact on the health and safety of our staff or patrons, capturing evidence of crime (including theft, assaults and damage to property).
"Previously we had an issue of repeated damage to the hand dryer in the men's toilets and we installed a carefully positioned camera to catch the offender.
A customer of Thirsty Whale was horrified to see cameras in the bathrooms. Photo / Supplied
"At no point did this camera film any private areas of the men's bathroom and was carefully positioned to ensure that this was the case."
The offender was caught and prosecuted by the police and the camera was then disabled, he says.
"It is not currently in operation. We would welcome an inquiry or further discussion with the Privacy Commissioner in relation to these issues which is the appropriate way in which such matters should be dealt with."
One customer does not agree and has made a complaint to the Privacy Commissioner.
The customer said he spotted the cameras in the men's bathroom area and then told his partner to check the ladies' bathroom and she found a camera and a "motion sensor".
The cameras in the Thirsty Whale's washrooms. Photo / Supplied
He said he then questioned the manager about it.
"There's no signage, outside the bathroom, regarding the cameras.
"My wife was disgusted. We all felt really disgusted. That's not normal."
An Office of the Privacy Commissioner spokesman said the Privacy Act says information should not be collected in a manner that is unlawful, unfair or unreasonably intrusive
Speaking in general terms, the spokesman said "Depending on how they are placed, and what images they are capturing, CCTV cameras installed in toilets might well fall into this category.
"If we received a complaint, we would need to consider the following.
"Did the cameras capture footage inside stalls or at the urinal?
"Was there adequate signage advising patrons of the presence of cameras?
"Did it only capture footage of people coming in and out or at the hand washing sinks?
"We are generally of the view if there are genuine safety and security reasons and the camera use is proportionate to those needs, they will not be in breach of the Act."
