Surveillance at work: what is the boss allowed to do?

Cameras in the office, analysis of your emails, location tracking in the company car: do you feel monitored? Even at work you have a right to data protection. The employer is far from allowed to do everything.

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Processing your data and monitoring you are only permissible if they are necessary and proportionate (data protection law, BDSG/DSGVO). Secret, seamless total surveillance is not permitted. Video surveillance at the workplace is only allowed under strict conditions.

When technical monitoring devices are introduced, the works council, if there is one, has a right of co-determination. If data was collected unlawfully, this can lead to a ban on using it as evidence. You also have a right of access to the data stored about you (Art. 15 DSGVO).

What you should do now

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1. Classify the measure
What is it about (video, email, GPS, time recording) and is it open or secret?
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2. Check the necessity
Is the surveillance really necessary and proportionate, or boundless?
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3. Works council and data protection
Involve the works council and the company data protection officer.
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4. Request access
Request access to your stored data (Art. 15 DSGVO); in case of violations, complain to the data protection authority.

Frequently asked questions

May my employer monitor me by video?

Only within narrow limits. Video surveillance at the workplace must be necessary and proportionate; blanket, permanent or secret surveillance is as a rule not permitted. Secret cameras come into consideration at most in case of a concrete suspicion of serious misconduct and as a last resort. The works council has a right of co-determination over technical monitoring devices.

May the employer read my emails?

For purely business use, access can be permissible within limits; if private use is allowed or tolerated, access is strongly restricted. In any case the monitoring must be proportionate. Data obtained unlawfully often may not be used as evidence. When in doubt, the company data protection officer or the data protection authority can help.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.