mean tougher video-surveillance rule
Spanish Decision May Mean Tougher Video-Surveillance Rules
An employer in Spain may not be able to fire a worker caught on a surveillance camera doing something prohibited if the company hasn't informed workers about the video system and its purpose, according to a recent trial court decision. In a case involving an employee fired after a security camera captured him in a parking-lot fight after work hours, a Pamplona labor court ruled that the video evidence was inadmissible under the European Union's General Data Protection Regulation (GDPR) and case law from the European Court of Human Rights (ECHR). "The judgment is of great interest since it is the first ruling by a Spanish court on the validity that can be given to the evidence of video recordings after the publication of the new Spanish Data Protection Law and also an interpretation of the new European Data Protection Regulation," according to a blog post from Manuel Vargas of Barcelona's Marti & Associats law firm. Under Spain's own data-protection law, employers who record a worker doing something illegal are considered to have fulfilled their duty to inform so long as they have posted a sign identifying a video surveillance zone, Vargas wrote. He also noted that recent case law from the Spanish Supreme Court endorses the idea that employers aren't obligated to notify workers that they plan to use video cameras to monitor their activity for possible disciplinary purposes.