Mr Antonín contacted us with a question about whether an employer can track or monitor employees at work with an industrial camera. On the one hand, one can understand that the employer is looking out for its own interests. On the other hand, there is the right to privacy of employees. So what are the rules? Can an employer monitor its employees, make a record of it and then use it against them, e.g. for the purpose of dismissal?
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The lapidary answer to the question of whether an employer can monitor its employees is that it can, but in a very limited way.
The Labour Code prohibits employers from conducting surveillance of employees “for preventive reasons”. Employees can only be subjected to such practices if:
However, the above does not apply in the case of certain specific activities where, on the contrary, monitoring needs to be carried out. The Labour Code states that there must be a “compelling reason based on the specific nature of the employer’s activity” Typically, this will be the case in operations such as securities printers, nuclear plants, chemical plants, banks, etc., where, for reasons of safety or damage prevention, monitoring of employees must be carried out continuously.
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The law provides that an employer must not, without compelling reasons based on the special nature of his or her business, invade the privacy of an employee, not only in the workplace but also in public areas. For example, by subjecting the worker to overt or covert surveillance.
If you believe you have a genuine reason to monitor your employees, your reason to achieve a particular objective, such as ensuring security, must be stronger than the employee’s right to privacy.
The use of cameras is only justified if it is the most effective way to achieve your goal and there are no other, less invasive methods. For example, instead of cameras, you can track attendance with smart cards or have managers monitor team activity.
Protecting assets is not automatically a reason to justify surveillance either. However, if it were a workplace where, for example, theft is frequent, it may be possible to monitor certain areas.
However, it is necessary to report this to the Data Protection Authority and to actually monitor the target (security of property), not to circumvent the rules on employee privacy.
If you are unsure whether your reason will stand up under the law, we recommend consulting with an attorney. In practice, it is often the details that make the difference – for example, how the cameras are set up or the extent of the recording.
Tip: Cameras don’t just have to be in the workplace, but you can install them in your home for security reasons. Learn when you are breaking the law by having a camera in your home.
However, checking employee performance or compliance with the technological process via cameras is not excluded either. However, there must be good reasons for doing so.
For example, in a chemical plant, security is more important than privacy and the progress of an employee in the laboratory must be monitored. Here, recording can also be used. However, the same does not apply in an office or gym. Monitoring should definitely not be secret and employees must be informed.
As a matter of principle, you should avoid placing cameras in areas where employees take a break, such as alleys, canteens or relaxation areas. Even if you would like to address theft or damage to property, the invasion of employee privacy is often too great compared to the value of the property lost or damaged.
You will also need to be wary of the use of fake cameras. These can cause undue stress on employees and can be considered a breach of the employer’s duty to provide a safe and healthy work environment for employees.
Do you suspect your employer is monitoring you unreasonably? We can help you assess whether your rights are being violated and suggest a course of action.
Tip: Employment law is regulated by a number of legal provisions, but the Labour Code is its “bible”. It regulates both the basic principles and very specific provisions describing the creation of the employment relationship and the circumstances of its duration. You will also find out what your employer must provide for you and what you are entitled to as an employee. We have therefore selected the five parts of the Labour Code that are most frequently asked about and that are worth knowing.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
We have advised Mr Antonín to formally report his concerns to his employer. If the employer does not accept the objections and continues the monitoring, it would be possible to contact the Labour Inspectorate or the Office for Personal Data Protection.
Such unauthorised handling of personal data is punishable by fines of up to 100,000 euros. Moreover, evidence taken illegally cannot stand up, for example, in a dispute over the validity of an employee’s testimony “recorded” by such a camera.
Before taking any action, it is advisable to be clear whether the employer is actually breaking the law. A poorly chosen course of action can escalate the situation unnecessarily. You can consult with us.
Tip: The fact that cameras are pointed at us on the streets, in the doorways of large companies or in the entrances of apartment buildings is slowly becoming a common reality that we count on. But more and more people are installing cameras in their homes. What is driving them to do this and what does the law say? And what about the use of recordings in private in general? We have addressed this in a separate article.
Employers may only monitor employees with cameras if they have a compelling reason to do so, typically security or property. In doing so, it must respect the privacy of employees, inform them about the monitoring and choose the least invasive solution. Covert or preventive surveillance is usually illegal and the recordings cannot be used as evidence. If you are in doubt about the legality of monitoring, it is advisable to contact the labour inspectorate or a lawyer.
In most cases, no. Covert surveillance is only possible in very exceptional situations (e.g. suspected criminal activity).
Only for as long as necessary – usually days, weeks at most. Longer storage must be justified.
Yes, employees must be informed of the monitoring, including the scope and purpose.
Only if it was taken legally. An illegal recording will not normally be admitted by the court.
Sound recording is much more strictly judged and is inadmissible in most cases.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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