The Disputes Chamber of the Belgian Data Protection Authority (DPA) ruled on the use of permanent camera surveillance in the workplace in a prima facie decision dated 23 November 2023 (154/2023).
The case in question involved an employee who filed a complaint with the DPA against their employer following the installation of several surveillance cameras in the workplace. Although the purpose of these surveillance cameras was to prevent theft or aggression, the surveillance cameras were positioned in such a way that staff were monitored - on a permanent basis - by these surveillance cameras. Moreover, the employees in this case were also constantly being addressed by the employer's security firm based on the footage.
The aforementioned decision of the DPA clarifies that camera surveillance for the purpose of ensuring security and protecting the company's goods from theft may be a legitimate purpose, but - in this specific case - this purpose was exceeded by the fact that these surveillance cameras also involve permanent monitoring of the employees' work performance in the workplace. Monitoring the work performance of employees constitutes a purpose that is different from ensuring security and protection against theft.