Employers should only carry out digital surveillance if there is a real suspicion of misuse of work PCs. (symbol image)
Source: dpa
Are employers generally allowed to monitor?
In principle, employers are not allowed to monitor their workers using cameras. This is only possible in very specific circumstances, because if there is any doubt, the personal rights of the person being monitored will be affected.
It is a publicly accessible room and in it not only employees can be found. This can be monitored if the employer has a legitimate interest in doing so. Apart from that, no other less drastic measures can be taken. And: No sound can be filmed.
Surveillance occurs when employers are suspicious: If they assume that workers have violated their duties or have committed a crime against the employer, then a short and extraordinary secret filming may be carried out. However, indications alone are not enough; The employer must specifically suspect that the employee has behaved inappropriately.
Where filming is never permitted?
In toilets, changing rooms, bedrooms or sanitary facilities.
Can the whereabouts of each employee be recorded?
Employers are only permitted to do this if necessary for the employment relationship. For example, if the work placement of field service employees needs to be coordinated. Strict requirements also apply here. The purpose of collecting movement data should be documented and employees should be informed of this.
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What is the digital sector like?
There are many ways to see what employees are doing on PCs.
- For example, someone can Spy software installed, which takes a screenshot of the PC screen at a certain distance.
- Besides, he can Browsing history is saved and can be seen.
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But most importantly, permanent and comprehensive monitoring of PCs in the workplace based on general suspicion is not permitted. Employers should only carry out digital surveillance if there is a substantial suspicion of misuse of the work PC.
However, if personal use of the Internet is not permitted in the company as a whole and there is reason to be suspicious, the employee’s PC may be checked.
What can the new Teams features do?
Teams’ new feature, which should be available from December 2025, can detect whether employees are actually in the office. This occurs via the WLAN to which the employee is connected. Either Mac OS or Windows – it doesn’t matter which operating system is used.
Will this feature automatically activate starting December 2025?
No, that is in the hands of the IT managers at each company where Teams is used. This can activate the function. However, this requires approval from the user.
Is this “surveillance” legal?
If the location can be queried, data protection issues will immediately arise – isn’t that also a type of surveillance? However, Teams cannot record the exact location of its employees, only whether they are at the company or not.
Therefore, the function can in principle be compatible with the General Data Protection Regulation. However, there are several requirements that must be met for this to happen.
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Under what conditions can the function be used?
Consent from employees is very important. In the absence of this, the new functionality may violate applicable European and German law. For this agreement to be effective, employees must be informed about the function and its importance and then agree to it voluntarily.
Additionally, this tool can only be used to get a better picture of company presence. And not to be used as a surveillance tool.
Anna-Lena Frosch works in the Law & Justice department at ZDF
