Tuesday, November 5, 2019

Video Surveillance and Workplace Cameras: Rules and Regulations


More and more often it happens that, for security reasons, companies feel the need to install surveillance cameras that frame certain areas of the structure. The purpose is to put in place a deterrent to prevent theft, violations and intrusions: in a nutshell, video surveillance for security reasons.



It happens, then, that in some cases the administrator or employer succumbs to the temptation to exploit cameras in the workplace to secretly monitor their employees, perhaps to assess their work productivity. However, many people do not know that using surveillance cameras to monitor personnel goes against current regulations.

How, Then, Can A Holder Install A Video Surveillance System In Total Respect For The Privacy Of His Workers And Without Risking Incurring Charges And Penalties?

The procedure is quite simple and it is undoubtedly worth pursuing it step by step rather than regretting not having done it later. A company that wants to install surveillance cameras in the workplace, before operating the plant, must:
  • Inform the workers concerned by providing a privacy policy;
  • Appoint a manager to manage the recorded data;
  • Position the cameras in areas at risk, avoiding unidirectional resumption of workers;

Post visible signs informing employees and any customers, guests or visitors of the presence of the video surveillance cameras system in Chicago
  • Store the images for a maximum time of 24-48 hours;
  • Train video surveillance personnel;
  • Prepare the minimum security measures;

Prepare suitable security measures to guarantee access to images only to authorized personnel;
In the event that the video cameras record one or more employees while they are working (the case in which they are taken up while they are entering or leaving the workplace is excluded) an agreement must be made with the company union representatives or, failing that, with the IDOL (Provincial Labor Directorate) and obtain authorization to install electronic remote control devices.

The Court of Cassation, with sentence n. 4331, reiterated that the installation of security camera systems in Chicago, on the workplace directed towards the place where its employees perform their duties or on spaces where they have access even sporadically must be previously authorized by the Inspectorate of Labor or must be authorized by a particular agreement with the unions.



The lack of these premises entails the criminal liability of the employer. The cameras can therefore be mounted and installed only after receiving the authorization: the presence of the video surveillance system, even if switched off, requires prior approval.

This rigid system was created to protect the privacy of workers and to prevent their privacy violation. Failure to comply with the procedures set out in the Code regarding the protection of personal data, installing systems with unlawful purposes and processing the data of one's employees in such a way as to violate their integrity and privacy is risky and the penalties provided for may be particularly expensive. The company's reputation would also be affected by a possible case of privacy violation. 

Jobs Act and Video Surveillance

Many, misinterpreting the text of the law, think that the Jobs Act has eliminated this type of obligation. In reality, the Jobs Act on the one hand emphasizes the importance of obtaining a preventive trade union agreement in the event that "dangerous" control instruments are used, on the other it adapts to the technological revolution that has now become part of our lives on a daily basis, excluding devices such as PCs, smart phones, tablets and entry and exit detectors from the list of instruments that need agreement.

However, the Jobs Act confirms an essential principle: the use of audiovisual equipment for the purpose of worker control is NOT permitted. The remote control instruments in fact do not serve to always have a third eye open on the employees, but they must have very specific purposes, such as the protection of company assets, job security or specific working needs.

Authorization to use surveillance security camera in Chicago and control devices must be provided by the unitary or company union representatives. If the agreement with the latter cannot be reached, the law provides that the territorial management of the work can intervene by issuing the authorization directly. The tools that the employee needs instead to carry out the working activity (smart phone, tablet,) are exempt from authorization and can be installed without this type of procedure. The data collected on a regular basis by means of remote control tools can be used for all purposes related to the employment relationship and therefore also for disciplinary purposes. It goes without saying that workers should be given complete information about the existence of these tools and the way they are used.

Surveillance Cameras Everywhere?

Cameras cannot be installed in any business environment. In several measures, the Guarantor has spoken out against the use of video cameras in delicate environments such as changing rooms, bathrooms or similar. For example, there are 105 thousand USD that those who own a company in Pistoia will have to give to four ex-workers after spying on them with a camera aimed at the toilets. The son of the owners of the company, in fact, had installed a hidden camera in a loft, taking up the toilets of the toilet, to control the 4 employees even in their most intimate moments.


Fake Cameras?

There are also those who think that, to avoid bureaucratic problems, it is possible to install simple fake cameras, obtaining the effect of deterrence without having to follow any bureaucratic process.
How often do we get into a store, a parking lot, a shopping mall or a building and find a surveillance camera that watches over us and monitors our movements? And on how many of these occasions the video camera was a cleverly positioned toy with the sole purpose of intimidating any bad guys?

In fact, it may seem like a cheap and advantageous solution: I spend little on the toy camera, I don't need an installer, I don't have to ask permission and authorization and I'm afraid those who want to damage me before they even do it.

Actually that's not exactly how it works. In fact, installing a fake video camera for the purpose of deterrence is prohibited and has a series of contraindications that are often not considered but which can backfire against the owner, despite the best intentions.

But Why Can't You Use A Toy Camera To Intimidate Thieves?

Everything depends on the fact that the law dedicated to video surveillance is based on four solid and unyielding principles, which justify the use of staff and customer resumptions where this is necessary and in compliance with particular conditions. We are still talking about a situation on the borderline between protection of safety and violation of privacy, whose boundaries are really very subtle and for which it is necessary to find a balance that allows protecting things and people without harming anyone's freedom.

The Principles Envisaged By The Provision Of April 29, 2004 Are:

Lawfulness that is the principle on the basis of which the images collected can be used where necessary to meet a legal obligation or to protect a legitimate interest;

Need, on the basis of which there must be a sufficient and obvious reason that justifies the use of surveillance cameras;

Proportionality, which guarantees that the installation of the cameras takes place where it is deemed to be a proportionate measure for the intended purposes;

Purpose, for which the aims pursued by security video camera installation must be determined, explicit and legitimate.

In short: the surveillance cameras can be installed wherever it is necessary to increase the security of a shop, office, building, courtyard, etc. and in the event that employees, customers and passers-by are informed of their presence through information and appropriate signage. The installation of fake video cameras, on the other hand, does not respond to the principles mentioned above because if it is fake then it means that the conditions for which video surveillance is necessary for safety reasons are not present and, consequently, it is superfluous and useless to install it.

Moreover, next to the fake surveillance cameras, there would still be missing mandatory signage by law and adding it would be declaring the forgery. If a crime occurred in the hypothetical range of action of the camera, there would be no filming of the event, creating several problems of concurrent responsibility.

Then I Put Hidden Cameras!

Another solution to which we tend to think is to put hidden cameras (spy cameras) to surprise any incorrect behavior of customers, employees or others.

If it is true that it is possible to install video cameras in a store with the aim of protecting their assets and personnel, to avoid theft, robbery and any kind of attack, however it is not possible to do it secretly, as many would like. The "surprise" camera is not allowed, as is the fake one.

The sentence number 17440 clarifies that the image of an individual must be considered a personal datum. In order to install a surveillance camera, as pointed out by the Privacy Guarantor, it is necessary to notify the framed subjects, for example by posting dedicated signs, so that all those whose images are collected are informed and aware of them. The sentence came after the appeal presented by the Privacy Authority following the cancellation of a sanction against the owner of a roasting plant.



In this case, the owner had installed a camera connected to a monitor in order to control who entered his shop on the ground floor even while he was upstairs. However, the video camera was not reported and this is precisely the mistake made by the shopkeeper. Even if the camera does not record the images or if the quality of the images collected does not allow immediate recognition of the faces, it does not matter: we are talking about the treatment of a personal data .

In the specific case, the Court emphasizes that where it is impossible to inform each person who enters the beam framed by the camera orally, it is sufficient to use a sign , ie the “minimum” information required. However, this sign cannot be hidden or difficult to read: format and position must be visible and the contents immediately understandable, which is why a symbol is effective (and does not require translations!). In informing the resumed customer it is also necessary to explain whether it is a recording of the images collected or whether they are only viewed.












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