Email surveillance and other forms of employee surveillance: required changes to internal regulations

2018.05.30

Until now, this issue has not been regulated, and employers followed the recommendations of the General Inspector of Data Protection, the doctrine and the case law. Starting on 25 May, the issue is regulated in the Labor Code in considerable detail.

In the light of the new provisions, you will be able to carry out video surveillance, email surveillance and other forms of surveillance. Email surveillance, as well as other forms of surveillance (with the exception of video surveillance) will be possible if it is necessary to ensure that the employers use their working time to perform their duties to the fullest extent possible, as well as to ensure that they make appropriate use of the working tools entrusted to them. The use of video surveillance will be allowed if it is necessary to ensure that your employees, assets or the production process stay secure, or in order to maintain confidentiality of secrets which, if disclosed, could expose you to the risk of losses. The purposes, the scope and the manner of application of video surveillance should be determined in work regulations (unless you are a part of a collective labor agreement), or in an announcement if you are not obligated to issue work regulations. You must notify your employees of the introduction of surveillance at least two weeks prior to launching it. This does not apply in the situations where surveillance is already being conducted. If you do not have such regulations, they should be implemented as soon as possible; if such regulations are already in force, I recommend reviewing them for compliance with the new laws. Independently of what has been discussed above, you should inform new employees of the use of surveillance before they are admitted to work.