Video Surveillance Right to Privacy

An employer may, for example, submit to constant and permanent employees to CCTV. What are the rules to be respected by the companies and what rights employees have in the matter?

The terms of use of the video surveillance business
Justification
To ensure the safety of goods and persons in the workplace, employers can install cameras in places. This approach helps deter criminal wrongdoing (assault, robbery, degradation) or to identify the perpetrators.
The formalities
The formalities are accomplished mainly to CNIL and vary filmed locations.

  • If the cameras are filming a place not open to the public (storage areas, reserves, areas dedicated to the staff as the bakery to bakery), the employer must report the specifying each site or building equipped;
  • If the cameras are filming a public place (input areas and output of the public, shopping areas, desks, boxes), the device must be authorized by the prefect of the department (the prefect of police in Paris);
  • If a computer corresponding freedoms and (CIL) is designated, no formalities are necessary to the CNIL;

The representative bodies must be informed and consulted before any decision to install cameras.
Where to install the cameras?
The cameras must be placed at the entrances and exits of buildings, at the emergency exits and taxiways. We can also place them in rooms that receive the goods or valuables.
Employees are entitled to respect for their privacy in the workplace and elsewhere. The devices should therefore not view:

  • The staff on their workstation, except in certain cases, including an employee handling money (the camera is filming the more cash the cashier in this case), warehouse sheltering valuable property where work handlers, etc.
  • Areas pause or employee break;
  • Toilet ;
  • The union premises or staff representatives or their access if they only lead to these parts;
  • The room housing the food retailers, unless the camera only filmed machines.

The use of employees
If a CCTV device does not respect the rules, employees can enter:

  • The competent CNIL complaints department to monitor all CCTV systems on their territory;
  • Labour Inspection Services;
  • The prefecture of the services, if the cameras film places open to the public;
  • The police or gendarmerie;
  • The prosecutor.