The answer is no. Audio recordings at work are considered a measure that does not respect the principle of proportionality and violates employees` right to privacy. Therefore, the use of cameras with audio at work is not allowed. Hello, where I work, do we have audio video is legal? And is it legal for cameras to point to where we rest and for them to occasionally follow us through the camera? Well, I wanted to know if it was legal for my boss to access the old pictures of his house on his days off to see what we were doing. and second question, if and saw a recorded violation of my boss in the middle of work, I have the right to lose these recordings to report it if it is possible how I should proceed In my work, they put a camera q points directly to the table in Q lunch, Q how legal is it? Hello. In the company where I work (retirement home), there are a thousand cameras with audio and obviously it is to “chat” what we say or do. They are even located in areas where residents do not enter, such as at the reception, where the sound is very high, or in the office or kitchen. Bosses start looking and listening in their homes and calling us to get angry at things that have been taken out of context and don`t endanger residents at all (not even to do with them). We feel like a big brother. You even said once in the WhatsApp group that you always have to be traceable. We didn`t sign our audio consent and the truth, I don`t believe any video.
What can be done? Thank you Hello, my husband discovered today that there is a hidden camera under a motion sensor in the work locker room. Not because it`s visible, but xq came to fix something from the system and saw on the monitor the picture of the locker room. Where can it be reported? And how you should proceed so that they do not violate your privacy. When asked if it is legal to listen to employee conversations, you will have realized that NO, it is not legal. Access to surveillance camera recordings is only allowed to the owner of the business, the contracted company or the personnel responsible for this activity. Workplace monitoring devices and image viewing and storage rooms must be located in rooms with limited access for authorized personnel. 1. Cameras in resting places. It is forbidden to install cameras in rest areas such as changing rooms, toilets or dining rooms. But beware! It is legal to check in during the rest period. In fact, a Supreme Court ruling of 13. October 2021 Filmed during a break from work to sanction non-compliance with obligations by an employee.
With hidden cameras, there are already more nuances. If there is a warning sign, there is little doubt about its legality. In the case of hidden cameras, case law “allows temporary installation in the face of reasonable suspicions of illegal acts, but one cannot confuse well-founded suspicions or rational indications with the desire to make a preventive control, which is prohibited,” Pere Vidal, a law professor at UOC, told Confilegal. Is it legal to watch the recording live or once recorded and with audio? c) The requirement of the legitimate purpose in the processing of data in accordance with Article 4.1 of the LOPD is imposed in the field of video surveillance at work by the provisions of Article 20.3 E.T. the recognised powers of control of the undertaking, provided that those powers are exercised within their legal scope and do not affect the fundamental rights of the worker. Although express consent is not required, the obligation to provide information under section 5 of the P.O.A. continues. Hello advice in my work put them for the local, that is to say for the public a camera and for the inner part where we are the employees 12 cameras and at no time did he ask us or made us sign a Concentimiento, is it legal? Hi, I know it`s completely forbidden to put cameras in the locker room, but what if it focuses on entering this area? Thank you This would give effect to the principle of permission, according to which anything that is not prohibited is allowed. However, the employer has the right to do so in accordance with the requirements of order and safety provided for in the internal regulations of work in accordance with article 108 of the Material Labour Code. According to the latest legislative changes after the GDPR came into force, we should give our consent so that someone can capture our image while working.
In practice, this has been solved with something as simple as including a clause in contracts that warns the employee that he will be registered during his working hours and that his consent is asked for it. Thus, the use of surveillance cameras at work is legal, even if the other requirements are met. b) The fact that there were prominent posters in the university facilities announcing the installation of surveillance cameras and the recording of images on the university campus, or that the creation of the file at the A.E.P.D. Having been communicated, it made it possible, without further delay, to examine the right of workers to be informed that the images could be used for the purposes of labour inspection. It was necessary for the University to inform employees in advance in an explicit, clear and unambiguous manner of the purpose of the control of the professional activity to which this cessation could be directed, indicating the cases in which the files could be examined, for how long and for what purposes, in particular specifying that they would be used for the imposition of disciplinary sanctions in the event of termination of the employment contract. Could. There is a right to expression and prior information. Therefore, it is legal to be registered at work, but the employer can not freely or unilaterally exercise this right, but is subject to a number of conditions: Hello work in a leisure company, where they have placed cameras in all strategic places, with their respective posters, all very legal. The question is, the company has given permission to colleagues, monitoring both the facility and “to the companions supposedly” that it is legal? Do you need to have an education? Many workplaces already have a registration system, especially when it comes to facilities open to the public.
One of the most common doubts among employees is whether surveillance cameras can only take photos or audio at work. In the following, we delve deeper into this topic. The boss decides to place a camera at work. And without our consent, He begins to welcome us. Is it legal? Is there some kind of requirement? Can these recordings serve as farewell proof? Video surveillance is a growing phenomenon and these doubts can be very frequent. Workplace monitoring devices and image viewing and storage rooms must be located in rooms with limited access for authorized personnel. Hello My neighbor has a video camera in the garden, on the sidewalk at the top of her door, and points to my house and with microphone, is it legal? In my company, they have placed a camera at times that only goes to my workspace a maintenance workshop, but it is so prone that I think that only Friend is looking at me and I feel disturbed by this situation is legal. Hello Esther, the company can install CCTV cameras at work, except in bathrooms or changing rooms. Since regulations do not allow audio recording with cameras at work, many devices only have a system for filming and recording images. In the event that surveillance cameras record workers` audio, the obligation of proportionality would be breached and would constitute a violation of workers` right to privacy. Hello Ana Belén, yes, it is legal as long as the data protection law is respected when processing this data.
That is, it must have the informative poster and the data can not be published or transmitted to unauthorized third parties Hello concierge working in a condominium and our work area is in the checkpoint, they put us a camera that looks into the checkpoint and eats and rests in it and I feel that they invade our privacy, is legal??? Because by the way, they didn`t tell us anything by giving the key casually, and they didn`t want to give it to me You`ll wonder: is it legal to record audio at work? Can the company record the conversations you have with employees? The answer is no. Audio recordings at work are considered to be a measure incompatible with the principle of proportionality, which infringes the privacy rights of employees. In summary, it can be said that it is not allowed to use cameras with audio at work. It is possible to find sentences in which the recording of an employee committing an offence in the workplace is considered evidence, even if this recording was made without the employee`s knowledge of the presence of the camera.