Video Monitoring of the Employees, Legal or Not

The prohibition on interference with the human life is foreseen in Article 32 of the Constitutions of Ukraine. The same article limits the possibility of the unauthorized handling of confidential information about a person. In accordance with part 1 of Article 307 of the Civil Code of Ukraine, a private individual can be recorded on video only by its own agreement. The permission of the person to the record is provided if the video is carried out openly in the street, meetings, conferences, mass sessions and other measures of public character.

Thus, if the workplace is not a public place, the worker's permission to record is necessary.

In accordance with regulations of Article 29 of the Labor Code, the employer should inform the worker about the conditions of work on receipt, and about the video monitoring as a part of the working conditions with the employee's consent of using the recorder in a writing form. It is expedient to write the appropriate points in rules of internal labor regulations as well as to fix the using of the recorders in the enterprise instruction. In the case of implementation of video fixing in the offered format, it should be introduced alongside with the change of actual labor conditions with the writing warning of workers two months prior to the change in accordance with Article 32 of the Labor Code of Ukraine. The placing of informative tablets about the carried out video fixing will be not superfluous.

A significant part of the measures relates to the recorder using in the office, in the warehouse, in vehicles and other premises of the employer.

The recorder installation on the street is described in part 1 of Article 307 of the Civil Code of Ukraine, as video shooting in public places.

However, the obstacles exist regarding the final points of delivery of goods (customer premises). The client who owns the apartment where the video is being recorded must be notified. School and office, as a rule, can not be classified as public places; therefore, the permission, for both indoor filming and from persons who get into the video, is required.

Thus, the video monitoring issue in practice in the legal field, as a rule, can be carried out only to the door of the final destination.

In addition, you should pay attention to the technical side of the issue, in particular, to prevent outflow of information and using it for illegal purposes, prevent using non-special technical video fixing devices as well as the devices for hidden video monitoring from getting secret information.

Кроме этого, следует обратить внимание на техническую сторону вопроса, в частности на исключение возможности утечки информации, использования такой информации в противоправных целях, применении таких средств видеофиксации, которые не являются специальными техническими средствами негласного получения информации, равно как и средствами скрытого видеонаблюдения.

Keywords: трудовое право