Is your manager allowed to film you at work?

Herman Bjørnson Hagen

foreignworkers@lomedia.no

Many employers install surveillance cameras in workplaces without having familiarised themselves with the applicable rules.

So says the Norwegian Data Protection Authority (DPA), whose role is to ensure that your privacy rights are respected.

When is camera surveillance allowed?

Your employer can only install a camera if it is strictly necessary. This might for example be to prevent shoplifting, or to protect the employees of a bank.

You have a right to privacy in your workplace. This means that your employer must always assess whether surveillance is more important than your privacy rights.

Cameras cannot be installed exclusively for reasons of security.

The employer must have a good reason for doing so and there must be a genuine need, says the DPA.

You must be told in advance

Before the cameras are turned on you have a right to be told:

• Where the cameras are installed

• Why surveillance is necessary

• What the recordings will be used for

• How long the recordings will go on for and how long they will be stored for

• Who is responsible

• Whether the recordings will be shared with others

• What rights you have (such as asking for access or deletion)

Not permitted everywhere

Filming in changing rooms, toilets or restrooms is not permitted.

Cameras must only be used where strictly necessary, for example pointed towards shop shelves in order to prevent shoplifting.

Can you object?

Yes. You have the right to object before the cameras are installed, thanks to the EU’s rules on privacy (GDPR).

If you object, your employer must document why the cameras must nevertheless be used.

It will be harder for the employer to introduce cameras if several employees have objected, says the DPA.

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Are you party to a collective agreement?

If you are employed by a company with a collective agreement (e.g. through LO) you enjoy additional rights. In such cases your manager must discuss the matter with union representatives before a camera is installed.

If not, this may be a breach of the collective agreement, and the matter should be taken up with the trade union.

Do you suspect that something illegal may be taking place?

If you suspect that the cameras at your workplace are illegal, you can:

• Speak to your union representative or safety officer.

• Contact the Data Protection Authority and file a complaint.

Translated by Robert Lovering

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