Then comes a duty to inform the salaris Concerns by the establishment of the system of vidosurveill

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Home Grer his company Human Resources Personnel Management Vidosurveillance: what rights and duties for the company? Between the months of November and December 2013, the CNIL sanctionn financially four societies for non-compliance with rules of vidosurveillance CONTENTS. Focus on the good and bad practices.
Smile, you your films! This is probably what had to think of the salaris Edouard Leclerc shopping center of Bourg-en-Bresse, before the operating society might eventually be sanctioned, July 12, 2013. It must be said that a device had t install 240 cameras in the mall, 60 the only funds supermarket to shoot the caddies and articles scanns. But with such means, the direction of the mall was go up to install cameras at toilets, changing rooms, the mdical cabinet and break rooms of salaris. CNIL, the National Commission for Computing and liberties, then sanctionn the society to pay a fine of 10,000 for excessive monitoring salaris.
This case, to say the least abusive, however, should not overshadow everything right lgitime leaders establishment of vidosurveillance spy cams install systems. But LGAL framework must be respect in order to be guaranteed the respect of the private life of employees. Update on rglementation in force, spy cams on the basis of the law Informatique and freedom of 6 January 1978 and Loppsi 2 14 March 2011 law. How to justify the vidosurveillance?
First, a system of vidosurveillance can be installed with the sole purpose of contrler spy cams permanently activity of its employees. Everything is in reality spy cams a matter of proportion. "The spy cams employer must first tmoigner a intrtlgitime the establishment of a monitoring system. It may be the necessity to protect persons or property, spy cams or to prmunir against various risks, such as theft, "says Olivia Luzi, a lawyer associated in the Feral-Schuhl cabinet.
The system put in place then must be proportioned in relation to interests protgs. It is on this point that the direction of the shopping center of Bourg-en-Bresse had t condemns last July. This condition is included in Article 1121-1 of the Labour Code and, more generally by Article 9 of the Civil Code, which enshrines the right to respect for his private life. What features?
As the system developed is justified by its finality, then the entrepreneur remains obviously within its rights. "We can install a camra in a warehouse for the purpose of security, but you can not install a camra above the workstation to a salari contrler in continuously its activity, "she adds.
In a form ddie, the CNIL explains his ct that cameras can be installed at the inputs and outputs of buildings, emergency exits and routes circulation. They may also filming areas where the goods or valuables are entreposs. No matter however filming a permanent employee on his job, unless it handles eg money, under the principle of proportionality. In this case, however, will more camra film fund that employee. What procedure to be followed?
Any system spy cams of vidosurveillance must be a Declaration. Two points here are distinguished spy cams according spy cams to the company or not open to the public. In the first case, this form must necessarily be the adress prfecture. If the application concerns a company whose premises are not open to the public, the Declaration must then be carried auprs the CNIL. Necessary spy cams application will be equipped by establishment or website, accuracy spy cams of the Commission.
Then comes a duty to inform the salaris Concerns by the establishment of the system of vidosurveillance. On this point, the lgislation prvoit mandatory committee business committee (Article L2323-32 of the Labour Code) and that each EMPLOYEES, individual fawn (s L1222-4 the Labour Code). In this sense, the Court has already indicated that a dj simple information by posting on the premises spy cams of the company turns insufficient