Articles

Booklet: supervision at the workplace

Booklet: supervision at the workplace

Booklet: supervision at the workplace

17.12.2014

The Luxembourg Data Protection Commission (the « CNPD ») has published in September 2014, together with the Luxembourg Chamber of Employees(Chambre des salariés), a booklet on the supervision at the workplace.

On the one hand, the booklet deals with the two existing systems of supervision. According to article 2 (p) of the law of August 2, 2002 on the protection of persons with regard to the processing of personal data (the « DPA »), the term “supervision” (surveillance) is defined as “any activity which, carried out using technical instruments, consists of observing, collecting or recording in a non-occasional manner the personal data of one or more persons, concerning behaviour, movements, communications or the use of electronic computerised instruments”.

Articles 10 and 11 new of the DPA help to clarify the processing for supervision purposes (general system) and supervision at the workplace respectively. However, Articles 11 new refers to Article L.261-1 of the Employment Code. Therefore, processing for the purposes of supervision at the workplace is not dealt with anymore in the DPA further to Article 10 of the law of July 27, 2007 amending the DPA, but in Article L.261-1 of the Employment Code. According to this Article, processing for the purposes of supervision at the workplace is only possible if needed for:

  1. the security or the health of employees, or;
  2. the protection of the properties of the company, or;
  3. the control of the production process handled by machines, or;
  4. the temporary control of the production or the service of employees if this is the only way to ascertain the exact salary, or;
  5. the organisation of flexible working hours.

On the other hand, the booklet focuses on the various forms of supervision used at the workplace, such as, inter alia, (i) the video surveillance, (ii) the use of computing tools (e.g. check of the emails received and sent, logs of the websites visited), (iii) the recording of telephone conversations, (iv) the biometric identification systems, (v) the geolocation systems, (vi) the supervision of the working hours and the entrances of the building.

The booklet is available in French on the website of the CNPD on the following link: http://www.cnpd.public.lu/fr/actualites/national/2014/10/brochure-surveillance/index.html?highlight=La+surveillance+sur+le+lieu+de+travail

 

Click here to see a printable version of this article

All rights reserved. Care has been taken to ensure that the content of this e-bulletin is as accurate as possible. However the accuracy and completeness of the information in this e-bulletin, largely based upon third party sources, cannot be guaranteed. The materials contained in this e-bulletin have been prepared and provided by Stibbe for information purposes only. They do not constitute legal or other professional advice and readers should not act upon the information contained in this e-bulletin without consulting legal counsel. Consultation of this e-bulletin will not create an attorney-client relationship between Stibbe and the reader. The e-bulletin may be used only for personal use and all other uses are prohibited.

Team

Related news

19.08.2019 EU law
Enable “likes” and bear joint-controllership

Articles - The Court of Justice of the European Union recently ruled, in Case C-40/14 Fashion ID GmbH & Co. KG v Verbraucherzentrale NRW eV,  that a website operator that features “Like” social-media plugin from Facebook likely qualifies as joint-controller with Facebook for its website visitors’ personal data collection and transmission to Facebook.

Read more

08.08.2019 BE law
Regulating online platforms: piece of the puzzle

Articles - The new Regulation no. 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services, applicable as of 12 July 2020, is another piece of the puzzle regulating online platforms, this time focussing on the supply side of the platforms.

Read more

23.07.2019 LU law
The Revised CSSF Cloud Circular

Articles - On 27 March 2019, the Luxembourg supervisory authority for the financial sector (the Commission de surveillance du secteur financier or CSSF) published the long-awaited CSSF Circular 19/714 amending the CSSF Circular 17/654 on IT outsourcing relying on a cloud computing infrastructure (the Revised Cloud Circular).

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring