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 must 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. Furthermore, the camera should not record sound. This is not necessary for the purpose
The employer must have a legitimate interest for camera surveillance. For example, preventing theft or protecting employees and visitors.
The camera surveillance must be necessary. That is, the employer cannot achieve the goal, such as fraud prevention, in any other way. Is there no other option that is less invasive to privacy? The employer must first check that
Also, camera surveillance should not stand alone. It must be part of an overall package of measures.
The employer must first pass a privacy test. This means 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 OR must have prior approval of the cameras before the employer can start camera surveillance.
Is the employer deploying large-scale and/or systematic camera surveillance to combat employee theft and fraud? Then the employer must conduct a data protection impact assessment (DPIA). This is the case, for example, if the employer deploys camera surveillance structurally or for a longer period of time for this purpose. Does the employer want to deploy a hidden camera (covert camera surveillance)? Then the employer must always conduct a DPIA for this. Even if the covert camera surveillance is incidental.
The employer must ensure that employees and visitors know that there is a camera and for what purpose it is there. For example, by putting up signs. In addition, the General Data Protection Regulation (AVG) gives the following privacy rights to data subjects:
The right to view data (camera images);
the right to be forgotten;
The right to restrict processing;
The right to object to the use of personal data.
The employer may not keep 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.
