The Luxembourg Data Protection Commission (the « CNPD ») has published in September 2014, together with the Luxembourg Chamber of Employees(Chambre des salariés), a booklet on the supervision at the workplace.
On the one hand, the booklet deals with the two existing systems of supervision. According to article 2 (p) of the law of August 2, 2002 on the protection of persons with regard to the processing of personal data (the « DPA »), the term “supervision” (surveillance) is defined as “any activity which, carried out using technical instruments, consists of observing, collecting or recording in a non-occasional manner the personal data of one or more persons, concerning behaviour, movements, communications or the use of electronic computerised instruments”.
Articles 10 and 11 new of the DPA help to clarify the processing for supervision purposes (general system) and supervision at the workplace respectively. However, Articles 11 new refers to Article L.261-1 of the Employment Code. Therefore, processing for the purposes of supervision at the workplace is not dealt with anymore in the DPA further to Article 10 of the law of July 27, 2007 amending the DPA, but in Article L.261-1 of the Employment Code. According to this Article, processing for the purposes of supervision at the workplace is only possible if needed for:
- the security or the health of employees, or;
- the protection of the properties of the company, or;
- the control of the production process handled by machines, or;
- the temporary control of the production or the service of employees if this is the only way to ascertain the exact salary, or;
- the organisation of flexible working hours.
On the other hand, the booklet focuses on the various forms of supervision used at the workplace, such as, inter alia, (i) the video surveillance, (ii) the use of computing tools (e.g. check of the emails received and sent, logs of the websites visited), (iii) the recording of telephone conversations, (iv) the biometric identification systems, (v) the geolocation systems, (vi) the supervision of the working hours and the entrances of the building.
The booklet is available in French on the website of the CNPD on the following link:http://www.cnpd.public.lu/fr/publications/brochures/brochure-surveillance-CNPD-CSL/CSL-CNPD-La-surveillance-sur-le-lieu_de_travail.pdf