Directive for the use of surveillance cameras.– Today the “Directive for the Processing of Personal Data through Video Surveillance Systems” was published.
The Directive shall enter into force only on March 16, 2020.
The main labor obligations included in the Directive are the following:
i) As a general rule, the employer does not require the consent of the employees, unless video surveillance is carried out in situations that are not framed within their management power (control, supervision of work, protection of property, safety and health in work, among others).
ii) The employer must fulfill the duty of information (posters, informative notices, etc.).
iii) The proportionality principle must be complied with (for instance video surveillance cameras should not be located in places for rest, recreation, changing rooms, toilets, dining rooms, etc.).
iv) There are minimum and maximum storage periods for the images and/or voices recorded through video surveillance.
v) Unedited images and/or voices that realize serious work offenses must be kept for 120 days, unless there are reasons that justify their preservation for a longer period.
vi) Employees can request access to the recordings or a digital copy of their misconduct or defaults that have been attributed to them.
vii) The employer must preserve the right of third parties that may appear in the records captured (anonymization, blur and so on).
