Personal Data (Privacy) Ordinance, Cap. 486
Body-worn camera footage and the PDPO: the privacy rules for site inspections
Body-worn camera footage that shows identifiable people is personal data under the Personal Data (Privacy) Ordinance (Cap. 486), so the data protection principles apply. PCPD's Guidance on the Use of CCTV Surveillance (October 2025) asks for a lawful purpose, notice, limited retention, security and restricted use. SpatialSense keeps site footage dated, placed on the floor plan and behind the project login.
Why the PDPO applies
DEVB requires body-worn cameras on public works site inspections (LC Paper CB(1)749/2026(02), paragraph 40). It sets no privacy rule for the footage. The Personal Data (Privacy) Ordinance applies as the general law.
Under section 2(1), data is personal data if it relates to a living person, the person can practicably be identified from it, and it can practicably be accessed and processed. PCPD's guidance gives the example of footage clear enough to identify the people in it. Its definition of CCTV includes similar devices that can record images of individuals. A site walk that records workers, supervisors or visitors is within that test.
The principles below are PCPD's. Applying them to a site walk is Kodifly's reading, and your own legal adviser should confirm the policy.
The data protection principles applied to site footage
From PCPD's Guidance on the Use of CCTV Surveillance and its Tips on Using CCTV Surveillance leaflet.
| Principle | What PCPD asks | On a site inspection |
|---|---|---|
| DPP 1(1) | A lawful purpose directly related to your function. Data must be necessary, adequate and not excessive | Record the inspection for the DEVB purposes, not the whole shift |
| DPP 1(2) | Fair means. No recording where people expect privacy, such as changing rooms or bathrooms | Stop recording in welfare facilities, changing rooms and toilets |
| DPP 1(3) | Tell people at or before collection, including the purpose. Name the operator and a contact for privacy questions | Notice at the site entrance and in induction briefings |
| DPP 2(2) | Do not keep data longer than needed for the purpose. Delete it securely once the purpose is met | Write a retention period into the site policy, in line with your contract |
| DPP 2(3) and 4(2) | Use contracts to stop processors keeping data too long or exposing it | Cover any contractor that handles footage |
| DPP 3 | Use data only for the purpose collected or a directly related one, unless express consent or a Part 8 exemption applies | State every intended use in the notice |
| DPP 4(1) | Protect against unauthorised or accidental access, erasure, loss or use. Encrypt at rest and in transit, restrict access and log it | Limit who can open footage and keep an access log |
| DPP 5 | Publish your policy: the data held, the purpose, who may receive it and the retention period | One written policy, with training for those who access footage |
| DPP 6 | People may ask for a copy of their data. Reply within 40 days | Know who handles requests and where footage is held |
Site footage policy checklist
Items to settle before the first inspection.
Before the walk
- Name who runs the cameras and who answers privacy questions.
- Put up notices at the entrance and brief new workers at induction.
- List the places where cameras must be off.
During the walk
- Record the inspection, not the shift.
- Avoid audio unless the inspection needs it. PCPD treats recording sound as more intrusive.
- Use a 360 view with care. It also records bystanders.
After the walk
- Upload footage to the project record after the walk.
- Keep it for the contract period, then delete it securely.
- Log who opens or exports footage.
- Pass access requests to the named person within the 40-day limit.
How SpatialSense handles site footage
6 of 6 included
Dated and timed
Date and time on every capture.
Placed on the floor plan
Position and capture ID on every capture.
Behind the project login
Footage is part of the project record.
Audit trail
Add, edit and delete actions are logged, as the DWSS requires.
Encrypted
Built to DWSS Annex A security, which asks for encryption in transit and at rest.
Retention by contract
The period follows your contract.
Footage and privacy questions
Is body-worn camera footage personal data under the PDPO?
Yes, where people can be identified from it. Section 2(1) defines personal data as information relating to a living person, from which identity can practicably be found. PCPD's guidance gives clear CCTV footage of individuals as an example.
Do I need people's consent to record them on site?
PCPD asks data users to tell people at or before collection and to state the purpose (DPP 1(3)). Express consent is needed to use footage for a new purpose, unless a Part 8 exemption applies (DPP 3).
How long may footage be kept?
No longer than the purpose needs (DPP 2(2)). PCPD's leaflet sets no fixed number and asks for a retention policy. On public works, your contract may also set a period, and SpatialSense follows it.
Can I use inspection footage to review staff conduct?
Only if that use is within the purpose stated at collection or directly related to it (DPP 3). Say so in the notice. PCPD's guidance points to its separate guidance on monitoring employees at work.
What must I do if someone asks for their footage?
PCPD's guidance note says reply within 40 calendar days, and tell the person in writing if you do not hold the data. Name one person to handle requests.
Does DEVB give any privacy rule for the cameras?
Not in the papers behind the requirement. The PDPO and PCPD's guidance apply, together with your contract.
Related guides
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