N° 28

October 2018

Recording of conversations and the use of CCTV at the

workplace: rights and duties

The Supreme Court gave guidelines about vocal recordings and CCTV at the workplace without the
permission of the person recorded.
A worker was dismissed for recording and taking CCTV images of other colleagues without their
permission.
The Supreme Court reaffirmed that treatment of personal data is subject to the approval of the
person involved. However, if the goal is to defend a right or contribute to a defense investigation
limited in time, approval is not necessary. This kind of conduct is already provided for under the
law.
Despite the fact that the law lays down that treatment of personal data is unlawful, the Judge
must evaluate on a case by case basis and not merely accept the testimony of the defendant
affirming that the treatment was only to facilitate his defense.