Press release – 22nd of August 2013
The president of the National Supervisory Authority for Personal Data Processing, Anca OPRE, gave a negative opinion on the request of the City Hall of Snagov Commune on the video surveillance of employees inside the offices in which they work.
The decision aims to ensure the effective protection of the right to privacy of employees, in relation to the compliance with the principle of proportionality related to the processing of personal data, establishing that such processing is excessive compared to the intended purpose and affects the privacy of employees.
In accordance with the provisions of Article 8 paragraph (2) of the authority’s Decision no. Authority 52/2012 concerning the processing of personal data through the use of video surveillance, the processing of personal data of employees by means of video surveillance inside the offices where they work is not permitted, with the exception of the situations stipulated by law or the agreement of the National Supervisory Authority for Personal Data Processing.
In this respect, we mention that, in accordance with the provisions of Article 4 paragraph (1) of Law no. 677/2001 and of Article 6 of Directive 95/46/EC, personal data must be processed in good faith and in accordance with the legal dispositions in force, collected for determined, explicit and legitimate purposes, to be adequate, relevant and not excessive in relation to the purpose of the processing.
On this occasion, the National Supervisory Authority for Personal Data Processing draws attention to all public or private data controllers that any use of video cameras is carried out with the express and unequivocal consent of the data subject or, in the exceptional way, in compliance with Article 5 paragraph (2) of Law no. 677/2001, by respecting the principle of proportionality of the intended processing and on the basis of previous information.
Legal and Communication Office
22nd of August 2013