Tag: video surveillance
Private investigators and video surveillance: a new variation giving greater leeway to the practice of monitoring workers on CCTV
The courts are allowing a growing amount of leeway for using closed circuit television (CCTV) cameras to monitor suspicious conduct of workers without informing the employees in advance. There have been an extensive number of cases already, yet even more variations on the issue continue to arise; for example, what happens if the cameras are […]read more
Can a company punish a worker using images from another employee’s mobile phone as evidence?
The Spanish Data Protection Agency (AEPD) concluded in a decision that punishing one employee on the basis of images captured with a mobile phone of another employee breaches data protection legislation. Companies must be extremely careful about how they obtain proof to take action against employees on disciplinary grounds. In its decision, the AEPD addressed […]read more
Recording workers with hidden cameras does not necessarily violate the right to privacy
The recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the López Ribalda case opens a new episode in the use of video surveillance as a means of monitoring by employers and concludes that there is no violation of the rights to privacy of workers who were not informed […]read more
Evidence supplied by detectives to prove labor infringements is only valid in the case of well-founded suspicions
For a company to be able to have a worker lawfully monitored by a detective, mere indications of possible irregular conduct are not enough. A few years ago we commented in this blog on the possibility of an employer seeking a detective’s services where the employer suspects fraudulent conduct on the part of one of […]read more
Use of GPS tracking only valid during working hours
With barely two months to go until the entry into force of the new General Data Protection Regulation (May 25, 2018), its impact on labor relations continues to be a live issue. On previous occasions we have talked about recordings obtained from video surveillance cameras and their use in the area of labor relations as […]read more
López Ribalda Case: a review of the case law of the constitutional court on video surveillance?
Again, a ruling of the European Court of Human Rights (ECHR) causes major controversy about the constantly questioned and difficult balance between the employer’s right to monitor and surveil the activity of its employees and the latter’s right to the protection of their privacy (privacy and personal data). The judgment delivered by the ECHR on […]read more