Are pictures and videos allowed to be shared from the work environment?
In the digital age, sharing images and videos from the workplace has become increasingly common. However, it's essential to approach this practice with caution to respect data protection rights and employment law obligations.
Nathalie Oberthür, a specialist lawyer for employment law and the chairwoman of the Employment Law Committee of the German Bar Association (DAV), emphasises the importance of this balance.
When it comes to workplace recordings, detail is crucial. These recordings are considered personal data, and sharing them without proper consent from all relevant parties can violate privacy rights and lead to legal risks.
Employers must consider data protection laws, such as the GDPR in the UK, and employment law obligations to respect employee privacy and obtain appropriate consent. This means that publishers should ensure they do not disclose sensitive information in work-related photos or videos and that the identity of all persons visible in the recordings is protected and safeguarded.
Key considerations for employers include transparency and clear policies, informed consent, limiting use and access, respecting privacy, legal compliance, and avoiding unlawful surveillance. Employers should have a clear workplace surveillance policy that informs employees about why, how, and what monitoring takes place, how data is stored, who can access it, retention periods, and employees’ rights.
Informed consent is particularly important for personal images or videos, such as recorded interviews, which require explicit participant consent and clear limits on usage and retention. Data collected should only be used for the stated purpose, be securely stored, and accessed by authorised personnel only, and deleted when no longer needed.
Respecting privacy means avoiding monitoring or sharing footage from private or non-work areas and considering reasonable limits to prevent intrusion into personal privacy. In jurisdictions like the UK, employers must comply with the Data Protection Act 2018 and GDPR, conducting Data Protection Impact Assessments if needed, such as when technologies like facial recognition are in use.
The importance of not publishing work-related content extends beyond protecting personal rights; it also includes safeguarding the employer's business interests. Publishing workplace recordings without the prior consent of all visible persons or the employer can potentially harm the employer's business interests. A video showing a person is present in the company should not be published under any circumstances, and any photo or video material containing business information should not be published without the prior consent of the employer.
In summary, employers must balance legitimate business interests with stringent data protection and employment law requirements, maintaining transparency, securing consent, and safeguarding employee privacy when sharing workplace images or videos. Respecting the rights of personality is important when creating and publishing work-related content. The consent of the employer is an essential consideration when deciding to publish workplace recordings.
- In the realm of workplace-wellness and health-and-wellness, employers should be mindful of data protection laws when sharing work-related videos, ensuring that they obtain appropriate consent and safeguard sensitive information to respect employee privacy and adhere to legal obligations.
- When it comes to publishing images or videos from the workplace, it's crucial for publishers to understand that these recordings can be considered personal data under science and law, and therefore, prior consent must be secured from all relevant parties to avoid violation of privacy rights and potential legal risks.
