I work as a customer service in a sports shop. There are many cameras in the workplace, for example in the warehouse, in the sales hall and also directed towards the cash register. Basically, I am somehow in the employer’s field of vision the entire working time. Otherwise, maybe there wouldn’t be a problem, but the employer has made comments that he thinks I’m too unproductive. Can my employer monitor me like this?
In a situation where employees who can be identified directly or indirectly are in the field of view of the cameras, personal data processing takes place. In order to use a surveillance camera, a legitimate interest analysis must be performed and data protection conditions must be drawn up.
The employer is obliged to respect the employee’s privacy and control the performance of work duties in a way that does not violate the employee’s fundamental rights. In this situation, it is important to assess the purpose for which the cameras are installed in the workplaces. Cameras may be installed in workplaces for the protection of persons and property, but surveillance of employees with cameras should be avoided throughout the working hours, and cameras should be directed only at specific security risks. Purposes such as productivity management, quality assurance, enforcement of company policies, or gathering evidence in case of disputes are not sufficient purposes to justify the use of surveillance equipment in the workplace. The use of cameras in the rest room, dressing room or toilet is prohibited.
In the event that the employer violates its obligations, for example the obligation to respect the employee’s privacy and to control the fulfillment of work duties in a way that does not violate the employee’s fundamental rights, the first step is for the employee to warn the employer. The purpose of a warning is to give the other party an opportunity to improve their behavior. The warning should include a description of the violation, what behavior is expected in the future, and a reasonable time to eliminate the violation.
If illegal processing of personal data takes place, it is possible to submit a request for intervention to the Data Protection Inspectorate or ask for advice regarding the use of cameras in workplaces. If you wish, you can contact AKI for information by calling +372 5620 2341 (EN at 13.00-16.00) or by writing to the e-mail address info@aki.ee.
In addition, the Data Protection Inspectorate has answered frequently asked questions about cameras on its website: .
Vladimir Logachev
The leading consulting lawyer of the Labor Inspectorate
Source: online.le.ee
