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Fake camera is not in breach of the GDPR, yet the installation can be sanctioned

Prague, 10 May 2022 – The Office for Personal Data Protection (OPDP) investigated into a complaint concerning installation of a video surveillance system for staff monitoring. The on-spot inspection revealed that the system is not functional but only a fake device not breaching the GDPR. However, as such installation might be regarded to be at variance with labour law regulations, the OPDP passed the matter on to the competent labour inspectorate.

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.”
Responsible: Mgr. Vojtěch Marcín
Created / changed: 13.5.2022 / 13.5.2022


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