Works agreement for video surveillance
Workplace video surveillance is a particularly deep intrusion into personality rights. It is subject to co-determination and, at the same time, strictly limited by data-protection law. This guide neutrally explains what a works agreement regulates and the role of the conciliation committee if employer and works council cannot agree.
Legal framework: co-determination and data protection
Video surveillance is a technical installation capable of monitoring conduct and performance, and thus subject to co-determination under Section 87(1) no. 6 BetrVG. In addition, the measure must meet the requirements of the GDPR and employee data protection and be proportionate: suitable, necessary and appropriate. Both together – co-determination and data protection – define the scope of a permissible arrangement.
Typical content
- Camera locations and the areas actually captured
- Recording, live monitoring and retention period
- Exclusion of specially protected areas (break, social, sanitary rooms)
- Access to and release of recordings
- General exclusion of covert surveillance
- Notice and transparency duties under the GDPR
- Deletion concept and regular review of necessity
If no agreement is reached
If no agreement is reached on the whether and how, the conciliation committee decides – bound by the legal framework and proportionality. As chair, I reconcile the company's legitimate security interests with the employees' personality protection into a balanced, legally sound solution.
Briefly answered
In companies with a works council, introducing video surveillance is subject to co-determination (Section 87(1) no. 6 BetrVG); GDPR requirements and proportionality also apply. Without agreement, the conciliation committee decides within what is legally permissible.
Covert surveillance is conceivable only under very narrow conditions and by way of exception. Agreements generally exclude it and rely on transparency and notice duties.
Related guides: IT framework agreement · Microsoft 365 · all guides
A conciliation committee on video surveillance?
As a neutral chair I reconcile security interests and personality protection into a legally sound solution – across Germany.