Am I allowed to use video surveillance in the workplace?
January 21, 2024 | 40,00 EUR | answered by Irmgard Helbig
Dear Data Protection Lawyer,
My name is Daniel Schröter and I work for a company where there has been an increase in thefts and vandalism recently. Because of this, my employer now wants to introduce video surveillance in the workplace to ensure the safety of employees and property. However, I have concerns about whether this is legally permissible and how my data protection rights will be safeguarded.
Currently, there is no video surveillance in place at the workplace, and I wonder if my employer has the right to implement these technical measures without informing me as an employee or seeking my consent. I am worried that my privacy could be violated and my movements and conversations in the workplace could be recorded and monitored.
Could you please tell me if my employer can introduce video surveillance in the workplace without my consent? Are there any legal regulations or requirements that need to be observed? How can I best protect my data protection rights in this situation and what options do I have to resist unauthorized video surveillance?
Thank you in advance for your help and support.
Kind regards,
Daniel Schröter
Dear Mr. Schröter,
Thank you for your inquiry regarding the planned video surveillance in the workplace at your company. It is understandable that you are concerned about your data protection rights and want to know if your employer is allowed to implement video surveillance without your consent.
In principle, I must inform you that your employer has the right to introduce video surveillance in the workplace to ensure the safety of employees and property. However, there are legal regulations and requirements that must be observed when implementing video surveillance in order to protect your data protection rights.
According to § 6b of the Federal Data Protection Act (BDSG), video surveillance in the workplace is permissible if it is necessary for the legitimate interests of specific purposes and if there are no overriding legitimate interests of the employees. Your employer must therefore demonstrate a legitimate interest in the video surveillance and ensure that your data protection rights are respected.
First and foremost, your employer must inform you as an employee about the planned video surveillance. They must inform you which areas in the workplace will be monitored, for what purposes the recordings will be used, and how long they will be stored. Your consent is generally not required, but your interests and rights must be appropriately taken into account.
To best protect your data protection rights, you should contact the works council or a data protection officer in your company. They can ensure that the video surveillance is carried out in accordance with legal requirements and respects your privacy. If you have concerns or complaints regarding the video surveillance, you can also contact the data protection authority and file a complaint.
Overall, it is important that video surveillance in the workplace is transparent and proportionate in order to ensure both the safety and data protection rights of employees.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me.
Kind regards,
Irmgard Helbig
