Personal protection at work
CCTV in the workplace
The Data Protection Act, and the provisions that have been established under it, apply to electronic monitoring in public places, as well as in workplaces, schools and other areas where a limited group of people normally travel, including in shared multi-family homes or on shared land. The rules apply regardless of the type of equipment used, such as CCTV, webcams, tachography, location-based equipment or telemonitoring equipment.
When using CCTV, you must follow set rules no 50/2023 about electronic monitoring.
Employees generally cannot give a valid consent for monitoring in the workplace, as the difference between them and their employer is generally considered to be such that the consent cannot be considered to be given voluntarily. The monitoring must therefore be able to use other authorizations in the Data Protection Act.
The employer must however educate employees about the monitoring that is taking place, its purpose, who has or may have access to the information collected and how long it is being stored. In addition, it must provide other information necessary for the individuals concerned to protect their interests. It is important that the education is provided in a verifiable manner, where appropriate by regulation.
Monitoring in secrecy is strictly prohibited, unless it is based on legal authority or a judge's order.
Labeling
A clear warning must be given that monitoring is in progress and who is responsible for it, such as with warning signs or stickers at obvious locations. It is important that the warning is placed prominently so that individuals are aware that the area is monitored before they enter the monitored area.
The alert for electronic monitoring should also contain information on where to get further information on the monitoring or an electronic link to such information. The Data Protection Authority has prepared a template for labeling and further information for controllers.
The alert for electronic television monitoring shall also contain information on where to get further information on the monitoring or an electronic link to such information.
How and when to view recordings
Only those who need access to video or other material generated by electronic monitoring for their work should have access to it. Such material should only be viewed if there is a special reason and only by those who are authorised to do so.
A person has the right to examine data, such as recordings, which are generated by the monitoring, but such a request may either be made orally or in writing. This does not apply, however, if the right of the person subject to the monitoring to be allowed to examine the data is considered to be in any or all respects in the interests of others or his own interests. A person may also have the right to access and copy the material that is generated by him or her, subject to certain conditions.
Police may always be provided with CCTV footage as well as other material generated by electronic monitoring.
