The labour inspectorate has confirmed the suspicion stating that the
employer, by installing fake elements of a video surveillance system, breached the
Labour Code, specifically the obligation of creating favourable working
conditions and ensuring the security and health protection at work.
Mr Jiří Kaucký, president of the OPDP, commented the decision: “It
is not possible to collect employee data through a fake camera system and consequently,
it does not breach the GDPR. But from the Labour Code perspective, it can be
regarded as producing an inappropriate pressure on the staff from part of the
employer. In other words, if an employer installs fake cameras, he still might
be sanctioned. In such case, the competent authority would not be the Office
for Personal Data Protection, but the labour inspectorate.”