Security cameras with audio are illegal

Is video surveillance compatible with data protection?

The most important information about video surveillance in brief

  • Basically it is Video surveillance permitted in accordance with data protection - both in public and non-public spaces.
  • There is one in public space Labeling requirement in video surveillance. The secret surveillance is only permitted in non-public spaces, provided that it occurs on an event-related basis and at short notice.
  • In accordance with the Federal Data Protection Act (BDSG), camera surveillance at the workplace is generally required the consent of the employees and must not refer to private rooms such as toilet and changing room.
  • The data protection principles of Earmarkedness, voluntariness, informedness and revocability must be maintained with a corresponding declaration of consent.

Data protection does not prohibit video surveillance per se

The call for more video surveillance in public places has been wafting through the media, government and data protection commissions for years. And it also increases in non-public areas Desire from entrepreneurs and owners for more surveillance and supposed control.

For many, the mandatory legal situation for video surveillance is not always clear: Are cameras allowed in the workplace? Are you allowed to protect your shop with video surveillance, even though unsuspicious citizens are also shown? Which limits are shown to video surveillance by data protection?

Basically, it should be noted: Video surveillance is not prohibited in every case by law! In public spaces, for example, it is necessary to weigh up the interests of uninvolved passers-by and the interests of federal, state and property owners. It is permitted by ยง 6b BDSG. In non-public areas, on the other hand, the answer to the question of admissibility is more complicated.

Video surveillance in the workplace allowed by law?

The admissibility of video surveillance in the workplace always leads to partial heated discussions. Opposite each other are the interests of employers to protect their property, and that Right to informational self-determination of employeeswhich also includes the right to one's own image.

While in the public space according to data protection for the rule-compliant video surveillance mostly the Notice obligation is the only hurdle, other measures are required at the workplace. Employers are always on the safe side when it comes to data protection in the workplace when you have a Declaration of consent for video surveillance catch up. A template should always be included Part of the contract be.

A corresponding declaration in accordance with data protection unambiguous, voluntary and revocable be. This means that the employer must clearly state the purpose of the installation. Permissible reasons would be, for example, to protect property from theft. The Working time measurement However, this should not be done if the employees refuse to do so.

Secret video surveillance is generally not permitted in the workplace. Not only must the cameras be visible, but workers must be clearly informed of their purpose and consent to this. The unauthorized video surveillance would mean a considerable intrusion into the privacy of the employees and would accordingly be assessed as a data protection violation.

A exception applies when the secret video surveillance event-related is used. Should the pictures unite confirmed suspicion of theft confirm, the camera does not have to be visible, nor does it have to be pointed out explicitly. In accordance with data protection regulations, covert video surveillance is not permitted in public spaces.

Which areas can the employer view via video surveillance in accordance with data protection?

Even if the consent supports video surveillance in accordance with data protection: The employer is not allowed to cover all areas. The protection of private spaces in particular is essential.

Camera surveillance is therefore prohibited in all cases by law in sanitary and changing rooms. The legitimate interests of the data subjects outweigh possible protection needs of the employer.

Declaration of consent for video surveillance: sample from Datenschutz.org

Since the Federal Data Protection Act (BDSG) regularly sends video surveillance in the non-public area - especially in the workplace - to the Submission of a declaration of consent of the employees concerned, we would like to give you an example of such in the following. The document raises it no claim to completeness or legal validity, but should only be the illustration serve.

Declaration of consent for video surveillance in the workplace (SAMPLE)

 

between

[Company / employer]

and

[Employee]

the following agreement is made for video surveillance in accordance with data protection:

Video surveillance is planned at the following company locations:

Camera 1: [exact location / area covered]
Camera 2: [exact location / area covered]
Camera 3: [exact location / area covered]
[etc.]

The security cameras provided are intended to prevent the company and employees from the following dangers:

[Exact description of the purpose]

The video recordings are expressly not used for timekeeping.

I, [name of employee], fully agree / agree to video surveillance in the following areas (please underline where applicable, if you have limited consent, please select the individual areas for which consent is given below):

โ Location 1
โ Location 2
โ Location 3
[etc.]

I can revoke this declaration of consent at any time in writing.

[Place and date]
[Signature of the employee]

[Place and date]
[Signature employer]

Comprehensive data protection declaration: template for download

Here you can see the above complete declaration of consent for video surveillance in the workplace download:

Download as .pdfDownload as .doc

Danger! Apply this template not unchecked! The Declaration of consent to video surveillance in accordance with labor law can be adjusted in detail.
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Is video surveillance compatible with data protection?
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