Am I allowed to use video surveillance in the workplace?
March 6, 2023 | 50,00 EUR | answered by Babette Krüger
Dear Data Protection Lawyer,
My name is Günther Schäfer and I work as the managing director of a medium-sized company. In our company, there have been increasing incidents of theft and vandalism recently. In order to ensure the safety of the employees and the company, I am considering installing video surveillance in the workplace.
I am aware that data protection in the workplace is a very sensitive issue and I want to make sure that we comply with all legal requirements. Therefore, I am reaching out to you with the question of whether it is legally permissible to use video surveillance in the workplace.
I am aware that employees have a right to informational self-determination and that their privacy rights must be protected. At the same time, I also want to ensure security in the company and prevent potential crimes.
What legal requirements must I consider if I want to implement video surveillance in the workplace? Are there possible solutions to ensure security without violating data protection policies?
Thank you in advance for your support and advice.
Sincerely,
Günther Schäfer
Dear Mr. Schäfer,
Thank you for your inquiry regarding the installation of video surveillance in the workplace at your company. It is very important that you are aware of the legal framework and ensure that all data protection regulations are adhered to.
In principle, video surveillance in the workplace is allowed, but certain conditions must be met to ensure the privacy of employees. Especially important to consider are the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR).
First, you should conduct a balancing of interests to determine if video surveillance in the workplace is truly necessary to ensure security in the company. There should be a specific threat situation that justifies the use of video surveillance. It is important that the measure is proportionate and does not infringe on the informational self-determination of employees.
Furthermore, you must inform employees about the video surveillance and transparently communicate which areas are being monitored and for what purpose the recordings are being made. Employees have the right to be informed about video surveillance in the workplace and must give consent if personal data is being recorded.
Additionally, you should only use video surveillance in specific areas where there is a special security relevance, such as entrances, storage areas, or cash register areas. Surveillance should not be carried out comprehensively throughout the entire operation.
It is also important that the recordings are only used for the specified purpose and not stored or shared without authorization. Recordings should be deleted after a certain period, unless there is a legitimate interest in retention.
In summary, video surveillance in the workplace is allowed under certain conditions, but as a manager, you must comply with data protection regulations and ensure that the personal rights of employees are protected.
I hope this information has been helpful. If you have any further questions, please feel free to contact me.
Sincerely,
Babette Krüger
