Most people separate their lives into work and private life. But what about privacy in the workplace? Is your manager allowed to monitor your camera or read your emails? Vojtěch Steininger from the law firm Hartmanová & Steininger reflects on these questions.
Managers and business owners do not have it easy. They must delegate tasks and ensure that their employees carry them out carefully, without cutting corners. At the same time, they should allow their employees a certain degree of privacy. The line here is extremely fine.
“Unless the employer has a valid reason arising from the specific nature of their business, they may not infringe on employees’ privacy at work or in communal areas, whether through surveillance, eavesdropping or recording of telephone calls, or by monitoring emails,” explains lawyer Vojtěch Steininger.
Under what circumstances may an employer use camera in the workplace?
Put simply: the employer needs a valid reason arising from the specific nature of their business to install cameras. Furthermore, they are obliged to clearly inform employees of the scope and nature of the monitoring. The purpose of the camera system must also be clearly defined, a purpose that cannot be achieved by any other means. Furthermore, the obligation to register with the data protection authority is often overlooked, particularly when recordings are made using such cameras.
Does the company have to mark monitored areas in any way?
Yes, it must be clear where surveillance is taking place. The employer is obliged to ensure that the privacy of employees and other individuals is not infringed. Therefore, for example, showers and toilets must not be monitored, whilst changing rooms may only be monitored from outside the actual changing area.
Is the employer permitted to store camera recordings?
Under certain circumstances, yes, but only for the strictly necessary period, which is generally no more than three days. The employer should inform employees about where, how and for how long the recordings are stored, who has access to them and what security measures are in place to protect against misuse.
It is common for employees to call family members from their work phone, shop online on the company computer, deal with private emails or spend part of their working hours on social media. How can the employer monitor this?
Labour Code states that employees may not use the employer’s production and work equipment for personal purposes without the employer’s consent. This also applies to information technology and telecommunications equipment. The employer may, within reasonable limits, check whether their employees are complying with this prohibition. However, what constitutes reasonable monitoring must be assessed on a case-by-case basis. The sanctions for an employee misconduct must also be considered on an individual basis.
Is my boss allowed to read my emails?
The same applies here: if the employer has no valid reason, they may not infringe upon the employee’s privacy. Caution is advised, however: sometimes even a individual’s work account, for example moc.elpmaxe@eod.nhoj, is regarded as a private email address. In contrast, a so-called work address, for example moc.elpmaxe@ofni, is clearly considered to be for business purposes.
The employer is not entitled to read emails with clearly private content. However, they may require that employees do not deal with private messages during working hours. The employer may only view an email sent to a private address in exceptional cases to protect their rights, particularly if it is obvious that the correspondence is not private.
Can the company restrict my access to social media?
If you are online during work, the employer may block access to social media or specific websites that you do not need for your work on your computer . Special software is available for this purpose.
How much should an employer actually know about their employees’ private lives – their family, hobbies or personal problems?
It naturally depends on the employee what information they choose to share with their employer. However, the law states that, with few exceptions, companies may not request information that is not directly related to work. Family and financial circumstances, pregnancy or criminal records may only be checked if this is reasonable and there is an objective reason, or if it is required by law. A certificate of good conduct must therefore under no circumstances be demanded from all employees on a whim, even if this often happens in practice.
How can you defend yourself if your employer is monitoring you more closely than you would like?
Firstly, it is advisable to check whether the employer is actually breaking the law. If this is the case, you should first discuss your objections directly with them or, if necessary, request in writing that they cease such behaviour. If the unlawful monitoring continues nonetheless, you can contact the data protection authority. If you are disadvantaged or penalised for exercising your rights, it is advisable to involve the labour inspectorate.