The Hungarian data protection authority (NAIH) has recently issued a decision on workplace surveillance of employees (Decision). It is the first time the NAIH has significantly applied its ‘Recommendation on the General Requirements of Electronic Surveillance Systems at the Workplace’, dated 30 January 2013.
The main findings of the Decision were:
- Employee monitoring for the purpose of increasing work intensity and work quality would be unlawful;
- Only the minimum necessary data should be recorded;
- Recording can only take place if the commission of a crime is a real possibility;
- A privacy notice must be in place;
- Set data retention periods must be complied with; and
- Employees must be able to review the footage.
The Decision is available here (Hungarian).
What action could be taken to manage risks that may arise from this development?
Where companies carry out employee surveillance it should ensure it does so in accordance with the Decision.