- Posted by Mateusz Gajda
In connection with the recent adoption of a new law implementing the provisions of the GDPR, the rules on the use of CCTV monitoring in the workplace have changed.
Monitoring of premises made available to trade union organizations
New provisions of the Labour Code have introduced an absolute ban on the CCTV monitoring of employers’ premises made available to trade union organizations. This is to guarantee their independence from employers and to ensure that employers do not monitor their activities.
Monitoring of sanitary rooms, cloakrooms, canteens and smoking rooms
In the light of the obligation to protect their employees’ right to privacy in the workplace, employers should not monitor such premises.However, some limited monitoring may be permissible if an employer can demonstrate that it is necessary to ensure the safety of its employees, the protection of property, the control of production, or the confidentiality of information, the disclosure of which might expose the employer to harm. In addition, the use of CCTV monitoring in such premises must not compromise the dignity and other personal rights of the employees, which in practice can be achieved, for example, by using techniques that prevent people from being identified. In the case of monitoring sanitary facilities, in order to protect the privacy of employees, the new provisions also introduce one additional requirement, i.e.- the use of CCTV monitoring requires the prior approval of the trade union organization, and if there is no trade union operating in the workplace – the prior consent of the employees’ representatives.
In connection with the entry into force of the new regulations, we recommend adjusting the practice of monitoring in your workplaces, as well as introducing appropriate changes to your internal policies regarding the principles of monitoring.