Monitoring employees: What is allowed?

Employers have many options for technically monitoring their employees, such as with software or video cameras. But how far are they allowed to go? An expert provides information.

Employers use digital technology, such as performance evaluation software or video cameras, in various ways to streamline processes. monitorBut is it allowed, and where does a unlawful interference Into privacy? Tobias Klingelhöfer, legal expert at Arag, provides an overview.

Is employee surveillance even allowed?

In principle, employers are allowed to monitor their employees – but only under strict conditions. Every person has a general right to privacy. Personal rights, including in the workplace. Therefore, a company is allowed to cameras not simply hang it up anywhere, and certainly not not Work steps permanently record.

How does legal video surveillance work?

A video surveillance is only allowed if they justified, proportionate and transparent Expires. Typical and permitted reasons Examples include the protection of company premises and property, security aspects, and special hazardous situations. Employers must ensure that monitoring focuses on this. Essentials restrict access – for example, to entrances or areas that are difficult to see. permanent Monitoring of individual workplaces is usually forbidden. If companies disregard these rules, they violate the law. Personal rights their employees.

How important this is is demonstrated by a recent study. Judgement of the Hamm Regional Labour Court: An employer had monitored an employee for almost two years with 34 cameras in the factory hall – without sufficient legal basis. The cameras filmed almost every angle, including the employee's workplace, around the clock. The court assessed this as "serious intervention infringes on personal rights" and awarded the employee €15.000. Compensation to (Hamm Regional Labour Court, file number 18 SLa 959/24).

Why are the rules so strict?

Every video recording collects personal dataThis means it falls under the rules of Datenschutz-Grundverordnung (DSGVO) and Federal Data Protection ActEmployers must therefore provide a clear and comprehensible explanation. Plot have before they point a camera at employees. general A clause in the employment contract is sufficient for this. not The point is not to prohibit control altogether, but to... Privacy the employees protect.

What should employers consider if they want to use cameras?

First, they need to define precisely, why The purpose must be clearly defined – for example, protecting inventory, but not monitoring employee performance. Every measure must relatively This means that cameras may only be installed where there is truly no less intrusive or less restrictive alternative. hidden Monitoring of individual workplaces is almost always inadmissible.

It is also important TransparencyEmployers must inform their employees in writing about the purpose, scope, and duration of data processing. Often, company agreements or arrangements with the works council also require a clear regulation.

How should the use of monitoring software or the Teams function that detects whether employees are in the office be evaluated?

Not only cameras, but also Software Monitoring plays an increasingly important role in the issue of surveillance. Programs for time tracking, performance analysis, or IT security are generally permitted as long as they support the organization of workflows or protect systems.

Verboten However, it is when employers use software secretly or permanently to change behavior or performance monitoring Use of such programs. This includes programs that regularly take screenshots, analyze mouse or keyboard movements, or create detailed productivity profiles of individual employees. Here, too, the following applies: Every data collection must have a specific purpose, be proportionate, and be transparent. This also applies to the new Teams function, which can determine whether employees are in the office. 

Why is surveillance software particularly problematic in a home office setting?

The Use Using such programs in a home office is considered particularly sensitive because it affects the constitutionally protected private living space This concerns... Without clear information, a legal basis and – if applicable – the consent of the works council, employers are generally not allowed to use such monitoring software.

There are, however exceptionsIf private internet use is explicitly prohibited in the company, the boss may... specific suspected case Save and review the browser history of the employee in question. In individual cases, this can even justify immediate dismissal (see judgment of the Berlin-Brandenburg Regional Labour Court, file number 5 Sa 657/15).

What happens if employees object?

Employees have the Law, a surveillance contradict and, if necessary, to take legal action. The example already mentioned shows that an employee can even... monetary compensation Employees can obtain legal recourse if the surveillance severely and persistently infringes upon their rights. They can also contact the relevant authorities. Data Protection Officer You can complain or involve the works council. If in doubt, you can also go through the Employment Law.

Source: Arag Legal Protection

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