Video surveillance in the workplace: employer’s obligations

General framework

The installation of video surveillance systems in workplaces is subject to compliance with the labour law regulations set forth in Article 4 of the Workers' Statute and the privacy requirements enshrined in the GDPR and individual reference disciplines.

Indeed, there are very particular areas where video surveillance is regulated by individual measures based on the specificity of the sector. However, as far as the labour relationship is concerned, the approach provided by Article 4 of the Workers' Statute applies.

The first paragraph of Article 4 of the Workers' Statute stipulates that two elements are required to install video surveillance systems: the existence of legitimate work safety, organizational and production needs, and protection of company assets. In the absence of legitimacy, there can be no justification for installation. In fact, in the Italian legal system, it is not possible to install a video surveillance system solely for the purpose of monitoring workers' activities.

The second provision in the analyzed norm is that a prior check is to be carried out by the trade unions or, in the absence of unions in the company, by an administrative body identified for the purpose. In Italy, this task is reserved for the territorial labour Inspectorate. Once the analysis of the video surveillance system that the employer in...