Can you film customers at work – and can they film you?

Over in the US, a delivery driver was recently arrested after filming a customer in their home – and the ordeal has ignited debate around where the boundaries lie when it comes to photographing customers in the workplace.

This isn’t an isolated case. In cafés, bars, and restaurants, filming is increasingly prevalent for marketing purposes. But bosses have to navigate the delicate balancing act of promotion while protecting both staff and customers’ privacy.

The lack of clear rules around filming leaves hospitality owners at risk. Without the right guidance, they may run into legal trouble and reputational damage that can be hard to reverse.

What are the rules on filming customers?

Under UK law, businesses can record customers in very specific circumstances. CCTV is okay, for example, as long as it complies with GDPR and the Data Protection Act. That means having a lawful reason to film, keeping footage secure, and not holding onto it longer than necessary.

Having visible signage telling customers they’re on camera is enough for CCTV. But the rules are stricter when it comes to audio recording and filming for social media (particularly for audio recording, which is considered much more intrusive). In these cases, you need explicit, informed consent from customers.

Hospitality operators might slip up when filming drifts into “private” spaces, like toilets, changing areas, and staff rooms. Recording in these spaces is almost always unlawful. Storing footage carelessly or posting it online without permission is another quick route to legal trouble.

In the US, DoorDash driver Olivia Henderson is now facing two counts of unlawful surveillance. Henderson recorded an unconscious customer whose trousers were down and posted the video on TikTok. Henderson is now facing criminal charges.

While the case happened under US law, it highlights the issues that can arise when filming people without proper safeguards.

What about customers filming your staff or venue?

Customers can often film in public-facing areas of a business unless the venue sets rules that say otherwise. While business premises aren’t public spaces in the legal sense, people frequently assume they can record unless told not to. House rules, therefore, play a key role.

If filming becomes disruptive, aggressive, or raises safety concerns, staff are within their rights to ask customers to stop. If they refuse, they can be asked to leave the premises.

Though customers are less likely to fall under GDPR when recording for personal use, recording workers without consent can still breach privacy expectations or raise safeguarding issues, especially when videos are shared online. Once a clip goes viral, it can be almost impossible to control the narrative.

Because of these risks, hospitality businesses can lawfully restrict filming on their premises. Clear signage stating house rules gives staff grounds to challenge customers who cross boundaries.

There are, of course, moments when filming becomes more than just a bit annoying. Threats, intimidation, filming minors in a concerning way, refusing to leave after being asked, or posting staff details online can all escalate into matters requiring police intervention.

Can staff film each other at work?

Filming among staff members can be an even trickier territory to navigate. Consent is always required, and because recordings can count as workplace data under GDPR, employers have extra responsibilities around proper storage, access, and use.

Social media also presents a host of risks. Viral TikTok trends, behind-the-scenes videos, or so-called “harmless” pranks can easily breach someone’s privacy or expose internal processes that were never meant to see the light of day.

This is why employers need an unambiguous written policy on filming, phones, and content creation. It should explain what’s allowed, what isn’t, how consent works, and any approval process for posting online.

While they aren’t the most interesting element of running a business, clear policies protect everyone. They reduce conflict and protect staff and customers, which ultimately helps overworked hospitality teams focus on service, instead of reputational damage control.