Video surveillance or video protection in business
The deployment of a video surveillance device is likely to infringe the rights of individuals and collective freedoms digital signage solution malaysia, therefore, such restrictions on freedoms must be justified by the nature of the chore to be completed and balanced to the aim sought.
While they are legitimate to ensure the safety of goods and people, as a deterrent or to identify the perpetrators of theft, damage or assault, such tools cannot lead to placing employees under constant and permanent surveillance.
While the law authorizes the presence of cameras in the company, the latter may in no case lead to an infringement of respect for the privacy of employees, in particular by the surveillance of changing rooms or premises assigned to rest employees.
In all cases, employees and Staff Representative Institutions (IRP) must be informed of the presence of a video surveillance system.
If certain rights are recognized for the employer to control the activity of his employees in their time and place of work, he must respect a strict framework.
The law and the Commission National Informatics et Labor) strictly regulate what the employer is entitled to do in terms of video surveillance but also in terms of Internet browsing and geo-location.
Regarding the supervision of employees, there are three principles to respect:
- The obligation of loyalty;
- The employer cannot trap an employee;
- The obligation of proportionality;
- The system put in place must be proportionate to the interests protected;
- The employee’s obligation of privacy;
- Respect for the privacy of employees is essential.
Video surveillance in the company
The use of video surveillance in the company must be justified by an overriding legitimate interest of the company smart digital signage, in application of article of the Labor Code.
This could be, for example, the risk of theft in the company, the surveillance of a particularly dangerous workstation.
The employer is authorized to set up a video surveillance system allowing the control of his employees, while respecting certain preconditions, as evidenced by the judgment of the Court of Cassation in the Social Chamber:
- It must respect individual freedoms and the private life of employees;
- He must consult the staff representatives and inform the employees;
- It must provide for a right of access to visual recordings concerning them.
Respect for the privacy of employees
Main rule of video surveillance in a company, the cameras cannot directly film an employee on his workstation.
The implementation of a video surveillance system must in no case lead to generalized and permanent surveillance of employees, particularly in places where there is no risk of theft.
CCTV can film areas where merchandise or valuable goods are stored.
These systems should not film employees at their workstations, except in special circumstances, in particular employees handling money or valuables for example.
In this context, the video surveillance system should not be pointed at the person, but at the cash register or the place where valuables are stored. Indeed, in the workplace as elsewhere, employees have an imperative right to respect for their private life.
