Is it legal to set up a surveillance system with IP cameras in your office?
Nowadays, more and more companies are installing surveillance cameras in areas where their employees work. This often creates unease or uncertainty as to whether or not it is legal to place cameras in employee areas and whether they can use those footage against the employee. In this article we explain all the keys on this subject, and it is that with IP CCTV this type of camera is the order of the day thanks to the fact that they are cheap and relatively easy to install.
What the law says about video surveillance in the office
The first thing is to know that the law is not entirely clear. This is happening almost all over Europe. To be clear, you have to go to workers' statute, article 20 :
“The employer may adopt the measures he deems most appropriate of supervision and control to verify the respect by the worker of his obligations and duties of work, while keeping in their adoption and application the consideration due to his human dignity and taking into account the real capacity of disabled workers, where applicable '
This means that the employer cannot put the cameras unilaterally , but must meet a series of requirements:
- Workers must be informed of the location of the cameras
- Cameras cannot be placed in changing rooms, bathrooms or rest areas
- The right to privacy and moral integrity of workers must be respected.
In addition, the installation of cameras must respect the principle of proportionality (they cannot put the cameras they want in a specific location).
Let's go over the most important points to keep in mind:
- Information obligation :
- The worker must be informed precisely and unequivocally about the installation of the cameras and, in addition, know what they will be used for and why it is recorded.
- This is included both in the famous LOPDGDD and in the new GDPR (General Data Protection Regulation).
- The worker will have the right to know how long it will be registered and for what purpose.
- Right to privacy
- You cannot install cameras in changing rooms or rest areas, or where article 18.1 of the Spanish Constitution is violated.
We have to keep in mind that, even despite the above, there is nothing clear, even if it seems to be. In the different trials that have taken place, they have set different precedents, and it is very difficult to draw clear conclusions.
Let's look at two examples
Case number 1
A worker in a supermarket during working hours, picks up an empanada at the supermarket, eats it and continues to work. A few days later, she was fired. The worker decides to report and the judge agrees with her. In this case, let's see why he accepted:
The supermarket proceeded with the dismissal thanks to the support of the visualization of the hidden security cameras of which the worker was unaware. In addition, following the viewing of said cameras, surveillance was also placed on this single worker for a few days until she was dismissed. In this case, the company has violated several rules:
- Right to privacy
- The duty to inform
Case number 2
An employee of a clothing store is fired for not performing her duties properly. The company relies for the dismissal on the display of security cameras. The worker decides to report and the judge agrees with the company. Why do you agree with the company?
The worker alleges that she did not know that security cameras were installed in her area and that she had not been informed. The company alleged that there were signs indicating that there were security cameras. The judge in his car says that although the worker says she was not aware of the installation of cameras, in the store there are signs indicating it. As we can see, depending on the case and the judge, he may agree with the worker or the employer.
To finish by answering the question of whether it is legal or not, the answer is yes, but with limits, and especially by informing employees in writing. We recommend that you read the Spanish Data Protection Agency surveillance guide , where you will find a large amount of information.
