Camera surveillance in the workplace: May an employer monitor staff with cameras?
- , by ASE
- 2 min read
Camera surveillance at work can help against such things as theft or damage to property. But the invasion of employees' and visitors' privacy is significant. Therefore, employers may only put up cameras if they meet a number of conditions.
Employers should ensure that the invasion of privacy is as small as possible. A camera in a restroom or locker room, for example, goes too far because people could be exposed in the picture.
Further, the camera is not allowed to record sound. Indeed, this is not necessary for the purpose.
Justified interest
The employer must have a legitimate interest in camera surveillance. For example, deter theft or protect employees and visitors.
Need for camera surveillance
Camera surveillance must be necessary. That is, the employer cannot achieve the goal, such as fraud prevention, in any other way. Isn't there another option that is less invasive of privacy? The employer should check that first.
Also, camera surveillance should not be isolated. It should be part of an overall package of measures.
Privacytoets
The employer must first conduct a privacy test. This means that the employer weighs the interests and rights of employees and visitors against its own interest.
The employer must also discuss the plans with the works council (OR) in advance. The Works Council must have pre-approved the cameras before the employer can begin camera surveillance.
DPIA
Is the employer deploying large-scale and/or systematic camera surveillance to combat employee theft and fraud? If so, the employer must conduct a data protection impact assessment (DPIA).
This is true, for example, if the employer deploys camera surveillance for this purpose on a structural basis or over an extended period of time.
Does the employer want to use a hidden camera (covert camera surveillance)? Then the employer must always conduct a DPIA for this. Even if the covert 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 (AVG) gives the following privacy rights to data subjects:
- the right to see data (camera images);
- the right to be forgotten;
- the right to restriction of processing;
- the right to object to the use of personal data.
Storage period of camera images
The employer may not retain camera images longer than necessary. The guideline for this is a maximum of 4 weeks.
But has an incident been recorded, such as theft? Then the employer may keep the relevant footage until this incident is dealt with.
