Camera surveillance in the workplace: Can an employer monitor staff with cameras?
, by admin, 2 min reading time
Camera surveillance at work can help prevent, for example, theft or damage to property. But the invasion of the privacy of employees and visitors is significant. That is why employers may only install cameras if they meet a number of conditions.
Employers must ensure that the invasion of privacy is as small as possible. A camera in a toilet or changing room, for example, goes too far, because it could expose people naked.
Furthermore, the camera is not allowed to make sound recordings. This is not necessary for the purpose.
Legitimate interest
The employer must have a legitimate interest in camera surveillance. For example, preventing theft or protecting employees and visitors.
Necessity of camera surveillance
Camera surveillance must be necessary. This means that the employer cannot achieve the goal, for example combating fraud, in any other way. Is there no other option that is less intrusive for privacy? The employer must first check this.
The camera surveillance may also not stand alone. It must be part of a total package of measures.
Privacy key
The employer must first carry out a privacy test. This means that the employer weighs the interests and rights of employees and visitors against its own interests.
The employer must also discuss the plans in advance with the works council (OR). The Works Council must have approved the cameras in advance before the employer can start camera surveillance.
DPIA
Does the employer use large-scale and/or systematic camera surveillance to combat theft and fraud by employees? The employer must then carry out a data protection impact assessment (DPIA).
This is the case, for example, if the employer uses camera surveillance for this purpose on a structural basis or for a longer period of time.
Does the employer want to use a hidden camera (covert camera surveillance)? Then the employer must always carry out a DPIA for this. Even if the secret camera surveillance is incidental.
Rights of employees and visitors
The employer must ensure that employees and visitors know that there is a camera and for what purpose it is there. For example, by hanging signs.
In addition, the General Data Protection Regulation (GDPR) gives the following privacy rights to data subjects:
- the right to view data (camera images);
- the right to be forgotten;
- the right to restriction of processing;
- the right to object to the use of personal data.
Retention period of camera images
The employer may not keep the camera images longer than necessary. The guideline for this is a maximum of 4 weeks.
But has an incident been recorded, such as theft? The employer may then keep the images in question until this incident has been dealt with.