Suppose you work in a factory and a camera is pointed at you all day. Is that allowed?
Your employer is then infringing on your privacy; this is absolutely not allowed. The list of requirements that must be met is:
- the reason for putting up a camera must outweigh your right to privacy (e.g. to prevent theft or violence)
- your employer must show that the cameras are really necessary to achieve a certain goal and that there is no other way to do it
- the employer must make a privacy consideration
- the OR must agree to hang the cameras.
Whether it is proportional is very important. A jeweler obviously has a greater interest in protecting his items from theft than, say, a butcher or a greengrocer.
If the purpose were to prevent the theft of materials, camera surveillance could be permissible under circumstances, but even then the invasion of privacy must be as small as possible (for example, no cameras in a locker room or restroom), the camera footage may not be used for other purposes (for example, performance appraisal), your employer must explain its use in the privacy regulations, and the employer may also in principle keep images for only 4 weeks.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.com is happy to think with you if you have questions about camera surveillance in the workplace. Please feel free to contact us.
June 2024
