Labor Inspectorate: Employers' covert surveillance of staff is illegal
Situations where employers can monitor staff via cameras are restricted, the Labor Inspectorate has noted, following cases of abuse of surveillance, Delfi reported.
Covert surveillance at work is prohibited and employees must be made aware that cameras are being used, with the rationale for doing so provided.
If a staff member can be identified either directly or indirectly through images captured on camera, this constitutes the processing of personal data. This means the employer must have carried out a legitimate interest assessment, defined the conditions for data processing and storage, and clearly and comprehensibly informed employees, all ahead of using surveillance cameras.
A fundamental principle, the inspectorate said, is that the employer is generally understood as a controller of personal data, meaning the processing of personal data must be lawful, fair, and purpose-bound at all times.
Delfi provided a concrete real life example where an employee worked in a store where cameras were installed. While they had been informed of the existence of the cameras, their exact purposes were not explained, and the staff member also was not given the opportunity to acquaint themselves with the relevant documentation.
While at first glance apparently installed as an anti-theft security measure, over time it became clear that the cameras and their data were being used to monitor employees, including their trips to the break room and even the bathroom.
This and the fact that the manager responsible viewed the recorded footage at home or on their smartphone, and shared footage in internal employee chats which also included third parties, prompted an employee to approach the Labor Inspectorate, citing a deterioration in their mental health as a result of the illegal surveillance.
The Labor Inspectorate emphasizes that such practices are neither humane nor lawful. Security must not come at the expense of employees' mental health and fundamental rights.
The Labor Inspectorate notes surveillance cameras may be used as a security measure, to protect property, prevent theft or vandalism, and also to protect people, but they may not be used for monitoring employees through their working day, for judging "productivity" or identifying "mistakes," nor may they be used for disciplinary reasons or to share footage with others.
The Labor Inspectorate's website in English is here.
Surveillance of employees is covered by the EU's Global Data Protection Regulations (GDPR).
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Editor: Andrew Whyte
