Data Protection Authority Decision (Cameras in workplaces) - Calavros Law Firm - Filios - Kloukinas

Data Protection Authority Decision (Cameras in workplaces)

On the 23 of October 2007 a breakthrough decision of significant importance for the protection of fundamental human rights and especially employees’ rights was issued by the Hellenic Data Protection Authority in relation to the lawfulness of CCTV systems installation as well as the installation and operation of biometric systems that record employees’ fingerprints in workplaces, following a complaint filed by employees of a pharmaceutical company (Decision 62/2007). The said decision constitutes more or less a “guide” concerning the proper application of modern technologies, when security issues are involved.
The Hellenic Data Protection Authority ruled, that the operation of biometric systems and closed-circuit television in workplaces is illegal, when certain conditions are not fulfilled, basing its decision on the following legal basis:
Pursuant to Art. 2 para A of the Law 2472/1997 on Personal Data Protection and the Community Directive 95/46, sound and image data relating to people constitute personal data. Furthermore, according to the Hellenic Data Protection Authority’s Guidelines 1122/2000, regarding closed-circuit television systems, storage and transmission of people images, collected via steady cameras, operating constantly or frequently in a permanent mode, constitutes personal data processing pursuant to Art. 2 para D of the Law 2472/1997, and according to the same Guidelines, this is not permitted, as it insults a person’s private life and personality.
An exception to this rule is provided only when the processing of personal data is aimed at protecting people, goods or traffic control