Modern technology offers bosses a whole range of possibilities to knowingly and unknowingly keep an eye on their employees. But to what extent is monitoring of employees allowed in the workplace and when does the employer have to expect high fines? We have summarized everything on this topic for you below.
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Monitoring in the workplace – is that generally allowed?
In most cases, employers monitor their employees to check that they are adhering to regular working hours. In general, this is even allowed. However, strict legal requirements must be complied with, which are set out in the Federal Data Protection Act, for example. This is because the monitoring affects the personal rights of the recorded persons in some cases considerably. (Video) surveillance is often only allowed in the work area if the consent of the employees has been obtained beforehand. However, there are exceptions.
Video surveillance
A basic distinction is made in video surveillance between public and obvious video surveillance, for example with a clearly visible camera in the entrance area, and covert recording. In the case of covert recording, the recording device or camera is practically invisible.
It is permitted to film public spaces in which not only employees come and go. However, it is important to ensure that no sound recording is made. In addition, the employer must prove a legitimate interest in video surveillance in the special premises. He also has to be able to prove that there is no milder alternative to video surveillance.
In special cases, however, it is even allowed to secretly monitor an employee. This is the case if, for example, the employee is suspected of having committed a criminal offense. However, the following applies here: The (secret) monitoring may only be carried out for a short period of time and as an exception.
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Premises where video surveillance is always prohibited
In toilets and in other sanitary facilities, employee monitoring is prohibited at all times. The same applies to changing rooms and bedrooms.
A specific case on the subject of monitoring employees in the workplace has also dealt with this in the past Hessian regional labor court in Frankfurt am Main: An employer monitored an employee by video for a few months at her workplace. The Hessian State Labor Court has sentenced the employer to compensation of € 7,000.
Where the video surveillance took place
The employer installed a video camera opposite the entrance area. However, not only the entrance area but also the plaintiff’s workplace was monitored due to the unfavorable mounting of the camera. The labor court in Wetzlar already sentenced the employer in 2008 to pay compensation in the amount of € 15,000; an appeal has now been made against this judgment.
How the court ruled on video surveillance
Neither of the two courts accepted the employer’s objections. He had claimed that the camera was not always in function. It was also necessary because there have been attacks on employees in the past. The Hessian State Labor Court does not share this opinion. It found this interference with the general right of personality of the plaintiff to be disproportionate. Especially since the camera could have been attached in such a way that only the entrance area would have been recorded. According to the Hessian LAG, it is also irrelevant whether the camera was on or not. The mere uncertainty about whether the camera was running or not put the employee under enormous pressure. The regional labor court considers a compensation of 7,000 € to be justified. Without such a claim for compensation, encroachments on personal rights would all too often remain unsanctioned, which does not do justice to the enormous importance of legal protection of personality.
Illegal employee surveillance – what are the possible consequences?
If the employer does not comply with the statutory regulations on employee monitoring, he faces severe penalties. In the case of unauthorized video surveillance, employees can claim compensation for pain and suffering due to the violation of their personal rights. Employers who either negligently or even deliberately unauthorized processing of non-public personal data must also expect a fine of up to € 300,000. In particularly bad cases of inadmissible employee monitoring, a prison sentence of up to three years can be imposed. This can be the case, for example, if a camera records the sound as well as the image. This is not just an administrative offense, it is already a criminal offense. Even the attempt is punishable as it violates the confidentiality of the word.
Have you been the victim of inadmissible employee monitoring or do you need legal assistance in another matter? You can find competent lawyers in your area at rechtsanwalt.com!
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