GDPR: major case of video surveillance at the workplace

Mar 24, 2021 Benn-Ibler Rechtsanwälte

The State Data Protection Commissioner (Landesbeauftrage für den Datenschutz, LfD) of Lower Saxony (Germany) imposed a fine of 10.4 million EUR because the company (notebooksbilliger.de) unlawfully monitored its employees by video over a period of at least two years. There was no sufficient legal basis. The cameras covered workplaces, sales rooms, warehouses and common areas.

In addition to the surveillance of employees of the company, customers were also affected by the unlawful video surveillance. The cameras were directed at seating areas in the sales room as well as at areas where people usually stay for a longer time in order test the devices.

According to the company, the aim of the installed video cameras was to prevent and detect criminal offences and to track the flow of goods in the warehouse. However, video surveillance to detect criminal offences is only lawful if there is reasonable suspicion against a specific person. If this is the case, this person may be monitored for a limited period of time.

In the case at hand, the video surveillance was neither limited to a specific time nor to specific employees. In addition, the recordings were stored significantly longer than required (in many cases 60 days).

In the present case, the LfD imposed the highest fine to date, amounting to 10.4 million euros, and stated that the alleged deterrent effect of the video surveillance did not justify a permanent and unprovoked encroachment on the personal rights of the employees. Furthermore, the video surveillance of customers on the sales floor was deemed disproportionate.

Presseaussendung der Landesbeauftragte für den Datenschutz Niedersachen (08.01.2021)