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Cybersurveillance in the workplace

Advise from Eva

🤔 Do you know the regulations on cybersurveillance at work?

Employers have a power of direction that allows them to monitor the activity of their employees, at work time and in the workplace.

What's more, he could film us at home. 🤡

However, as you are no doubt aware, this system must respect the fundamental rights of employees, and in particular the ✨right to privacy ✨

📕 This rule is set out in black and white in Article L.1121-1 of the French Labour Code: "No one may impose restrictions on the rights of individuals and on individual and collective freedoms which are not justified by the nature of the task to be performed or proportionate to the aim pursued".

💡 When it comes to video surveillance, the employer must comply with three principles, namely:

⚡️ The principle of transparency: the employer must consult staff representatives (Trade Union, Works Council,...) beforehand, and employees must be informed of the system put in place.

🧑🏻‍⚖‍ In 1991, an employer hid a camera in the cash register of an employee whom he suspected of typing into it. Without her knowledge. Otherwise it's not funny.

BOUM 👉🏼 requalification as dismissal without real and serious cause. The ugly thief won her case.

⚡️ The principle of loyalty: Employers may not use unfair means to obtain evidence of sanctionable conduct on the part of their employees.

🧑🏻‍⚖‍ In 2011, a postwoman was stealing notes from Christmas and birthday mail.

The employer, rascal that he was, used blue ink that was activated when the letters were opened.

BIM 👉🏼 unfair method. The naughty thief won her case. Again.

⚡️ The principle of proportionality: controls must be justified and proportionate to the aim sought. The interest must be legitimate, for example, with the identification of a risk of theft, a dangerous workstation, etc.

👤 BOUM 👉🏼 I haven't found an example. But in any case, the device cannot be used to monitor employees' activity on a permanent and general basis, in particular to comment on the quality of their work. All the same, it's not.

📌 Note that the cameras cannot film :

❌ rest rooms, showers or toilets (fortunately, by the way)

❌ staff representatives' premises, or even simple access to them

❌ The employee's workstation

❌ A place open to the public, without authorisation from the prefecture

🏆 Conditions met = lawful cybersurveillance!

🥊 Conditions not met = information obtained cannot be used to prove abuse

It's as simple as that!

But that's no reason to indulge in illegal activities either! 🧐

See you for more tips

Better Call Eva


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