If you are considering installing video surveillance cameras in your company, you should take the following aspects into account:
Inform employees:
Locations of installation, whether they capture images and sound, retention period, and how to exercise their rights.
Employee consent is not required:
Since it is understood that the installation is necessary for the development of the employment relationship, this does not exempt the duty to inform.
Installation location:
Cameras cannot be installed in bathrooms, locker rooms, rest areas, dining areas, spaces for union activities, or any other place that may invade employees’ privacy.
Purpose of recording:
Private conversations or images of public areas should not be recorded, except for a minimal and essential area needed to access the premises.
Recording system:
Should be located in a restricted access area and only accessible to authorized personnel.
Option to hire a third party:
If a surveillance service that includes video monitoring is hired, it is recommended to sign a contract between the company and the service provider specifying who is authorized to access the information and all service conditions.
Formalities:
The database must be registered with the Data Protection Regulatory Unit to ensure its legality, and an authorized person must be designated to access the images and recordings. Failure to register would constitute ILLEGAL data processing as established by Article 6 of Law 18,331 (“principle of legality”).
Consequences of unlawful data use:
If these recordings or images are used as evidence in legal proceedings, they are considered unlawful. Simply notifying the Data Protection Regulatory and Control Unit would make the situation known, and there could also be fines imposed.
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