Is it legal to install video cameras?
There are no regulations specifically regarding video surveillance in a company. Relevant instructions are contained only in regulatory documents. They oblige managers of a number of companies to install cameras. There are special instructions in the explanations of Roskomnadzor. These explanations are based on Article 74 of the Labor Code of the Russian Federation, which establishes the need to obtain written consent from employees in the event of changes in the workplace. From the regulations we can conclude that installing cameras is a change in technological property. That is, it requires consent from employees. The employee must be notified of changes in advance.
Cameras must be installed in educational and medical institutions. This need is stipulated by Federal Law No. 323 of November 21, 2011. It is connected with the need to ensure fire safety. The cameras also help prevent terrorist attacks. Federal Law No. 152 of July 27, 2006 states that when installing video surveillance, appropriate information posters must be placed. Employees need to know they are being filmed.
IMPORTANT! An employer does not have the right to hold workers accountable on the basis of camera footage if the employee fulfills production standards or a daily plan.
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The employer installs video cameras and microphones. How legitimate are his actions? Can I complain somewhere?
ANSWER
You can complain, but only if your employer is actually breaking the law. Let's try to understand this issue and consider some existing judicial practices:
Remember, while at work, you are not on your personal territory, which means that in fact your personal life ends at the door of the organization in which you work and labor relations begin, which are regulated by the labor code. At work, you must deal directly with your job responsibilities. Accordingly, you have nothing to hide (unless, of course, the camera is installed in the toilet or similar places). Let's now look at the situation from the employer's side - if an employee began to resist the installation of a camera in his office, then he clearly has something to hide. Perhaps you are not doing your job, or while working in company A, you are instead solving the problems of company B. What should he do? That's right, find a way to fire you.
In general, we have seen conflicts quite a few times when, at first, employees themselves denied video surveillance and created scandals, and after robberies or other emergencies with customers or clients, they were ready to do anything so as not to fall under the provisions of the articles of the Criminal Code of the Russian Federation.
Now let's move on to the legal field
The employer must warn you about video and audio recording. In general, when you got a job, you probably signed an employment agreement and other documents regulating your relationship with the employer, and there is a high probability that there was a clause on video surveillance and by signing the contract you already gave your consent to audio and video recording.
In general, it is worth remembering that there is Part 1 of Art. 22 of the Labor Code of the Russian Federation , which states that the employer is obliged to provide safe working conditions. Perhaps the employer was guided by precisely these requirements, in which case, according to judicial practice, the court may rule on the legality of installing video surveillance in the workplace. As mentioned earlier, the employer is obliged in accordance with Art. 21 of the Labor Code of the Russian Federation, inform workers about the introduction of video surveillance, and there should also be announcements about this for visitors.
Now let's look at some more points from other sources, for example from the Pravoved website:
So within the meaning of Art. 86 Labor Code of the Russian Federation
In order to ensure the rights and freedoms of man and citizen, the employer and his representatives, when processing the employee’s personal data, are obliged to comply with the following general requirements: 1) the processing of the employee’s personal data can be carried out solely for the purpose of ensuring compliance with laws and other regulations, assisting employees in finding employment, obtaining education and promotion, ensuring the personal safety of workers, monitoring the quantity and quality of work performed and ensuring the safety of property;
In this case, we are not talking about interference in the personal life of the employee, which allows for the possibility of installing this equipment in the workplace. Moreover, as stated in the “Explanations” of Roskomnadzor “On the issues of classifying photo and video images, fingerprint data and other information as biometric personal data and the features of their processing”
Video surveillance may only be carried out for specific and predetermined purposes. These goals must be determined by the relevant regulatory legal acts establishing the legal basis for video surveillance (video recording). In order to establish additional guarantees of respect for the rights of both consumers (patients, clients), as well as workers and employees themselves, internal documents must be adopted , which should stipulate the procedure and terms for storing video recordings, as well as responsible persons with access to the video surveillance system. It is also necessary to provide for the possibility of informing about the video surveillance system by placing information signs in the visibility areas of the cameras .
The object of video recording is not the collection of information about company employees and recording the circumstances of their private lives, but the monitoring of the proper performance of their work duties, that is, the employer in such a situation is pursuing a legitimate goal. This conclusion is confirmed by materials of judicial practice. for example, in the Appeal ruling of the Moscow City Court dated September 10, 2012 in case No. 11-20012
The judicial panel cannot agree with these arguments of the complaint. The constitutional provisions referred to by the applicant of the complaint establish that everyone has the right to privacy, personal and family secrets, protection of their honor and good name; Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. restriction of this right is allowed only on the basis of a court decision (Article 23); collection, storage, use and dissemination of information about a person’s private life without his consent is not permitted; State authorities and local government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law (Article 24). Meanwhile, the evidence presented by the defendant recorded only the employee’s failure to fulfill his labor duties, namely, they only confirmed the fact of B.’s absence from his workplace, and was not used to establish the circumstances of his private life or his personal and family secrets during the period when he was absent from work.
Article 20 of the Labor Code of the Russian Federation , to which the complainant refers, determines who are the parties to the labor relationship. Meanwhile, the defendant did not dispute that B. was a party to the labor relationship. This circumstance was not disputed by anyone in the court of first instance. In this situation, the arguments of the complaint about the violation of the requirements of Art. 20 of the Labor Code of the Russian Federation, the judicial panel recognizes as untenable.
The main thing to remember is that in most cases the employer is concerned not only about your safety and the safety of his property, thanks to which you work at this enterprise.
Well, if you signed for informing about video surveillance and at the same time in your office you decided to change clothes or do other personal business, then this is primarily your violation.
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Features of notifying an employee about video surveillance
Employees must be notified of changes 60 days before installing cameras. You can do this in two ways:
- To be signed right at work.
- By sending a registered letter.
You must also obtain written consent from the worker. If he agrees to the changes, you need to draw up an additional agreement, which is attached to the employment contract. The employer must ask employees for consent to the processing of personal data (PDP). The written consent must include the following provisions:
- Full name and other information about the employee.
- Company name.
- Duration of the agreement.
- Date of compilation.
- Employee signature.
The document must indicate what exactly the OPD (installation of video cameras) involves.
To the head
1. Is video surveillance of employees in an organization legal ? Yes, it is not directly prohibited to install video surveillance of employees. However, we recommend that you take into account the opinion of Roskomnadzor. He believes that video surveillance is the processing of personal data, and therefore it is necessary to comply with the requirements for their processing (Explanations of Roskomnadzor). Such arguments are based on the provisions of Part 1 of Art. 11 of the Law on Personal Data.
2. What documents are desirable to be issued when installing video surveillance? An exact list of such documents is not established by law. However, in order to avoid the risks associated with the illegal use of personal data of employees (we discussed this above), we recommend: 1) issue and approve a local regulation on video surveillance; 2) familiarize employees with it; 3) obtain special consent from employees; 4) appoint responsible persons and take from them a special obligation to non-disclose personal data. In our opinion, it is not necessary to include a special condition in the employment contract, since video surveillance is an optional condition of the employment contract, taking into account Part 2 of Art. 57 Labor Code of the Russian Federation. Therefore, in order to introduce video surveillance, in our opinion, there is no need to notify workers two months in advance in the manner prescribed by Art. 74 of the Labor Code of the Russian Federation, as recommended by Roskomnadzor.
2.1. How to issue and approve a local normative act on video surveillance When developing a local act on video surveillance (for example, provisions on video surveillance), include in its content, in particular: • the purposes of video surveillance, which may include monitoring the work performed, protecting the health of workers at a hazardous production facility etc.; • the procedure for using and transmitting images obtained as a result of video surveillance; • procedure and terms of storage of received images; • responsible persons who have access to the video surveillance system; • measures to protect images from misuse and loss; • the procedure for responding to employee requests regarding video surveillance; • the procedure for placing cameras and information signs in video filming areas. Such content of the local regulatory act will comply with the requirements of Art. Art. 87, 88 Labor Code of the Russian Federation, clause 2, part 1, art. 18.1 of the Law on Personal Data, Explanations of Roskomnadzor, Recommendations of Roskomnadzor. The regulation on video surveillance can be approved by order in any form. The law does not require taking into account the opinion of the trade union (if any) in order to adopt a local act on video surveillance, but check whether this is required in accordance with your collective agreement (Part 3 of Article 8 of the Labor Code of the Russian Federation).
2.2. How to familiarize workers with the local regulations on video surveillance It is mandatory to familiarize workers with the local regulations on video surveillance (Part 2 of Article 22, Clause 8 of Article 86 of the Labor Code of the Russian Federation, Clause 6 of Part 1 of Article 18.1 of the Law on Personal Data) . For familiarization, use, for example, familiarization sheets compiled in free form. Include in them the details of the approved local regulatory act, the employee’s data, and the date of familiarization with the act.
2.3. How to obtain special consent from employees for video surveillance In our opinion, it is necessary to obtain written consent from employees for the processing of personal data, including biometric data, taking into account Parts 1 and 2 of Art. 6 of the Personal Data Law. In addition, written consent is required by virtue of Part 4 of Art. 9 of the Law on Personal Data. The requirements for employee consent to the processing of his personal data are clearly regulated. The employee’s consent must contain all the necessary information listed in Part 4 of Art. 9 of the Law on Personal Data.
2.4. How to appoint persons responsible for video surveillance and obtain from them an obligation of non-disclosure of personal data. Appoint persons admitted to the video surveillance system in order to fulfill the requirements of Art. 88 Labor Code of the Russian Federation. This is also stated in the Explanations of Roskomnadzor. This can be done by issuing a free-form order appointing those responsible, with which they must be familiarized with a signature. Be sure to obtain from such persons an obligation to non-disclose personal data (Clause 7, Article 86 of the Labor Code of the Russian Federation, Article 7 of the Law on Personal Data). Such an obligation is drawn up in any form.
3. Why is it necessary to place special information signs about video surveillance? Roskomnadzor recommends placing such signs (Explanations of Roskomnadzor). The fact is that the employer does not have the right to organize covert video surveillance, that is, which the employees and visitors of the organization do not know about (Part 6 of Article 6 of the Law on Operational-Investigative Activities). Use signs made of any material, most importantly, indicate on them information that video surveillance is being conducted, and place them in the visibility range of the cameras (Explanations of Roskomnadzor).
4. Risk of non-compliance with the proposed recommendations on organizing video surveillance of employees If you introduce video surveillance without following the above procedure, in our opinion, there is, in particular, a risk of administrative liability under Parts 1, 2 of Art. 13.11 Code of Administrative Offenses of the Russian Federation.
And there is also
Ready-made solution : How to install video surveillance of employees in an institution - this ready-made solution will help you properly arrange video surveillance of employees.
Ready-made solution: What measures to protect the personal data of employees should be taken when processing this data - will help to formalize the processing of the employee’s personal data correctly.
You will find these materials in SPS Consultant Plus, and if you do not yet have our reference and legal system installed, order a free demonstration
Date of publication: 01/18/2019
Is it possible to install hidden video surveillance?
It is prohibited to film in secret from employees. If an employer installs cameras hidden, he will face administrative or criminal liability. Administrative punishment involves imposing a fine:
- 1-5 thousand rubles - for officials and individual entrepreneurs.
- 30-50 thousand rubles - for legal entities.
This amount of fines is stipulated in Article 5.27 of the Code of Administrative Offenses of the Russian Federation. The employer is also subject to criminal prosecution under Article 137 of the Criminal Code of the Russian Federation. Wrongful collection of information about employees is punishable by imprisonment for up to 2 years.
How to organize video surveillance of employees?
Nowadays, CCTV cameras have become an integral part of our lives. Video surveillance of employees is found in offices, supermarkets, correctional colonies, medical, banking institutions and other places.
Through the prism of the security issue video surveillance of employees is certainly justified, since thanks to it it is possible to successfully suppress attempts to steal inventory items and identify other crimes.
What do CCTV cameras have to do with organizing your work process? The most direct thing. Any employer wants to put the behavior of his subordinates in the workplace under control. Video surveillance of employees is one of the options for implementing such control. You can understand the employer - it is important for him that during the work shift employees are engaged exclusively in performing the work provided for by their job descriptions. And indeed, if you look at the Labor Code, then everything seems to become clear:
From Part 1 of Art. The ninety-first Labor Code of Russia (study its contents yourself) suggests that an employee at work has no right to private life. Otherwise, it turns out that the employee uses the time paid by the employer for personal purposes and, thereby, commits a violation (failure to fulfill the duties stipulated by the job or work instructions).
Many managers of enterprises and organizations conduct secret video surveillance of employees. At the same time, for some reason, no one remembers about obtaining employees’ consent to conduct video surveillance of them. Employers are apparently guided by the consideration that when an employee does not fulfill his work duties, then he does not fulfill his duty to perform work. functions.
However, not everything is so simple when it comes to video surveillance of workers. The fact is that the current Russian legislation is quite extensive and is not limited only to the Labor Code. Therefore, in my opinion, the question of how legitimate this method of monitoring employees is generally, needs to be approached comprehensively, also analyzing other legal norms.
Let's start with the Constitution of the Russian Federation, according to which (Article twenty-three) everyone has the right to personal secrets and privacy. As you probably understand, a person’s private life does not go away the moment an employee is at work. For example, your mother called you while you were performing your work function. In this case, the mother’s call is an element of private life. There are a lot of examples of private life at work, showing that the existence of private life goes on as usual, regardless of whether you are present at the workplace or absent (smoking breaks, going to the toilet, etc.), but most importantly, you need to understand that private life man is present always and everywhere.
That is why business leaders, expressing their opinion that there should be nothing but work in the workplace, are in fact mistaken.
I'm talking about the topic: the management of enterprises has no legal grounds for involving an employee in the dissertation. answer for failure to comply with tr. duties during a work shift, if the employee fully fulfills the production plan for the day and the requirements of his duties. instructions, while still managing to devote a significant portion of his time at work to his private life.
Of course, there are professions where you need to be extremely attentive and focused on the work process (for example, air traffic controllers, security services), however, for most professions such requirements are still not imposed and there is nothing illegal if an employee makes a personal call during a work shift question. Please note that the content of this telephone call is considered to be information about the private life of the employee.
Where to start for an employer who has no idea how to monitor employees without video surveillance? Probably, we need to start by studying the legislative framework on this matter.
Below I will provide links to important legislation on this issue. I am not going to quote their contents in this article, because in this case my article will look like a long roll of toilet paper. It is important for me that you use your brain to study this issue, and reading the following legislative norms will contribute to this. So, it is important for you to familiarize yourself with the contents of these legislative norms (you will find them yourself on the Internet):
- Art. twenty-fourth Constitution of Russia; - paragraph eight of Art. Ninth Fed. Law “On Information, Information Technologies and Information Protection”; - Part five of Art. Sixth Fed. Law “On Operational Investigative Activities”; - Art. Twenty-first Work. Code of Russia;
Please note : the employee should be aware that the organization carries out video surveillance of employees - from the date of employment of the employee or from the date of installation of the video surveillance system. Where do these conclusions come from? The source of this article is https://uralpral.ru. See the law on personal data (specifically, article three) - an employee’s behavior at work is considered personal. data and performing video surveillance of employees, the employer actually processes personal data. data of your employees. Therefore, when organizing video surveillance of employees, it is extremely important for the employer to take into account the legal requirements regarding the processing of personal information received. data.
What kind of retribution does the employer face for making mistakes in this matter?
- either “administrative” according to Article 5.27 of the Code of Administrative Offenses of the Russian Federation; - or “criminal” under Article 137 of the Criminal Code of the Russian Federation. Look at the sanctions under these articles for yourself.
In order not to become involved in a criminal case or a case of an administrative offense, the employer must take into account a number of conditions that “legalize” video surveillance of employees. What are these conditions? I talked about them in this article. Be sure to check it out.
What to do in a situation where an employee does not agree to video monitoring
If a company needs to install video cameras, an employee’s refusal cannot be a reason to suspend this activity. This is due to the following provisions:
- Video recording is a norm established by law.
- The installation of cameras is a method of monitoring, and the employer has the right to monitor his employees.
If an employee does not consent to the installation of cameras, he may be dismissed on the basis of Article 77 of the Labor Code of the Russian Federation. This regulatory act establishes the employer's right to dismiss if the worker refuses to work taking into account innovations in the workplace.
Legal aspects of video surveillance. What you need to know
Kratos Security Systems lawyer answers:
1. Is it legal to install a camera in your home?
In accordance with the norms of the current legislation of Ukraine, there is no prohibition for a person to install a video surveillance system in his home, which belongs to him on the basis of property rights. Art. 41 of the Constitution of Ukraine enshrines the right of everyone to own, use and dispose of their property (housing), and Part 4 of Art. 55 of the Constitution of Ukraine - the right of every person to protect his rights and freedoms from violations and unlawful attacks by any means not prohibited by law.
What does it mean?
In your own house, apartment or other housing, installation of video surveillance cameras is possible without special permissions. However, they are permitted to be used only for the purpose of protecting one’s rights and property.
2. Do I need permission from people (household members, house helpers, guests, passersby at the entrance) to film video?
The restriction on hidden video recording of a person is established by Part 3 of Art. 307 of the Civil Code of Ukraine: recording of an individual on videotape, including secret, without the consent of the person can be carried out only in cases established by law. A person’s consent to filming is permitted if the filming is carried out openly and legally, not as part of operational-search activities by a person not vested with such powers.
Further use of a video recording of unauthorized persons filmed by the homeowner in his home may, in extreme cases, result in consequences for him in the form of a claim for the protection of personal non-property rights in civil proceedings.
What does it mean?
If it is expected that other people (employees, friends, children) will be recorded, you should inform them about the filming in advance.
It is better to install a warning informer at the recording location. And you also cannot use a video recording of another person, even one made in your own home, except in cases established by law (for example, when an investigator requests this video recording from you as part of a criminal investigation).
For this, the dissatisfied model has the right to file a lawsuit and recover moral damages from you (however, the “victim” will still have to prove that you caused moral damage).
3. Can government agencies require video recording of your surveillance camera?
In accordance with the norms of Part 2 of Art. 159, part 6 art. 163 of the Criminal Procedural Code of Ukraine, law enforcement officers have the right, as part of the investigation of criminal proceedings, to request video surveillance materials, as well as other media, based on the decision of the investigating judge.
At the same time, according to Art. 162 of the Code of Criminal Procedure of Ukraine, video surveillance materials can be classified as secrets protected by law, since there is a possibility that they contain personal data.
What does it mean?
If you have a private camera installed, for example, at the entrance to your office, and a crime was committed in the yard, the investigator will request video footage from your camera. But he can do this only with a court order and subject to non-disclosure of personal data and trade secrets of the owner.
4. Is it legal to conduct video surveillance of employees at work?
Constitution of Ukraine in Art. 32 establishes the rule that no one can be subject to interference in his personal and family life, except in cases provided for by the Constitution of Ukraine. Video surveillance of employees in the workplace is possible only with the consent of the latter to conduct it, otherwise video surveillance will be illegal. At the same time, the Labor Code of Ukraine in Art. 29 establishes the rule that the employee has the right to complete reliable information about working conditions and requirements in the workplace.
What does it mean?
The Constitution of Ukraine guarantees every citizen of the country protection from illegal video surveillance. Therefore, if a camera is installed in an office or production facility, this should be displayed during the job interview and in the employment contract.
Workers must know the conditions, location, and start time of the video surveillance system. Purposes of surveillance: for example, ensuring security, controlling access to the premises and territory of the enterprise, resolving disciplinary conflicts. It is important to explain to people where and who will save the records and for how long.
It is advisable to display all this data in the appropriate order and familiarize all employees with it against signature. Conditions for video surveillance in the workplace should also be included in the internal labor regulations of the enterprise. To eliminate the possibility of conflicts, it is better to sign that you have read this information at the time of hiring.
Lawyers recommend equipping the room with video cameras with information signs. According to statistics, the mere presence of this sign is a stopping factor for every second criminal.
The procedure for introducing video surveillance in a company
To introduce video surveillance as part of the work process, an employer must go through the following steps:
- Introducing a provision on observation into the Local Work Rules.
- Formation of the Regulations on observation. It must indicate all the rooms in which the cameras are installed.
- Issuance of an order establishing an amended version of the Local Regulations.
- Publication of the Regulations on Observation. The document must indicate the date of installation of the cameras and a list of responsible persons.
- Familiarization of employees with the documents compiled: Orders, Regulations.
- Installation of video cameras.
- Placing signs about video surveillance.
This is a legal procedure for organizing video surveillance. If you ignore the need to obtain consent and prepare documents, the procedure will not be fully legal.
Expert opinion: “Is it possible to install video surveillance in the office?”
Video surveillance is becoming an integral part of security in office premises, residential areas and retail outlets. Cameras help solve many problems, document events or help control a situation. However, there is an opinion that constant video surveillance may violate the legal rights of people or company employees. Is it possible to install video surveillance in the office and what rules cannot be violated? We addressed this question to two experienced lawyers, specialists in the field of civil law and ensuring the security of personal data.
Anatoly Panfilov, head of his own law office
An employer has the right to install CCTV cameras for its employees in the office. To do this, he needs to provide signs warning about this, develop a regulation on video surveillance, indicate the purpose and basis for the use of control systems, appoint by order a person who monitors and collects this information on the hard drive, ensure the confidentiality of information and the protection of personal data of employees. Familiarize all employees with this provision against signature, keeping in mind that:
- You can conduct video surveillance to ensure the safety of both your employees and other citizens;
- the employer is obliged to ensure safety and working conditions that meet regulatory labor protection requirements, that is, the use of the image is carried out in state, public or other public interests, which does not require the consent of the employee (Clause 1 of Article 152.1 of the Civil Code of the Russian Federation), similarly in Belarus, with the exception of hidden shooting (when the camera is hidden), then Part 7 of Art. 11 of the Law of the Republic of Belarus dated 07/09/1999 N 289-Z “On operational investigative activities”, when it is prohibited to keep such a record.
- the employee has the right to receive reliable information from the employer about labor conditions and safety in the workplace;
- Everyone has the right to privacy, personal secrets, confidentiality of correspondence, telephone conversations, postal, telegraph and other messages.
Therefore, video surveillance carried out as part of the employee’s performance of his work function, conducted openly in the office, and authorized persons are there to carry out their work function, cannot be considered an interference in the personal life of the employee.
Complications may arise if the employee files a complaint. You will have to show and prove the need for installation and the absence of a violation of employee rights.
Nikolay Dmitry, head of legal consulting department, ParkMedia Consulting
As you know, every right has its limits - in the absence of limits, it turns into its opposite, that is, into arbitrariness. In the case of the employer’s right to conduct video surveillance, there are three such limits: the employee’s right to appearance, to privacy and to the protection of personal data.
The right to image protects, first of all, from the publication and subsequent use of video materials. Roughly speaking, workers cannot be turned into free actors. Privacy is the limit of legal regulation that protects us from interference in the intimate side of our lives. Therefore, you cannot install CCTV cameras in toilet stalls, mother and child rooms, and treatment rooms.
Even if the employer notifies employees about such surveillance and obtains their consent, this may not always work in court as a legal basis for interference in the privacy of employees. Personal data legislation also provides for employee consent as one of the possible grounds for processing their personal data - in this case, their images on video.
However, it can also be processed without consent: for example, when video surveillance is necessary within the framework of labor relations (working time recording), to ensure security (for example, a security guard “monitors” the safety of a cashier) or in the employer’s own legitimate interests (optimizing employee routes around the sales floor, for example ). But personal data legislation always requires that data processing be fair and transparent.
This means that the employer must inform employees for what purposes the processing is being carried out and what data is being processed. And, of course, the data itself must be stored securely - to prevent access to it by third parties or its unauthorized distortion, destruction, etc. We live in the era of sousvelliance - and an employer who records his employees on video must be prepared that this data can also be used against him.
List of equipment needed for organizing video surveillance
To organize video surveillance at an enterprise, you will need these technical means:
- Cameras.
- Registrars.
- Monitors.
All technical tools have certain requirements:
- Cameras must convey images well. Only in this case is full control possible.
- The design of the equipment can be very different. As a rule, cameras are installed with interchangeable lenses that provide different focuses.
- The device must provide the proper viewing angle. There is equipment on sale that is equipped with a function to turn in the desired direction. Dome cameras are in demand. They are characterized by affordable cost, image quality, and ease of installation.
- Cameras can be installed on the streets. In this case, they must provide 24-hour video surveillance.
- The equipment must be resistant to climatic influences (temperature changes, humidity, sun). The devices are mounted in sealed casings equipped with electrical heating.
- Images from cameras can be recorded on the recorder. Both continuous and periodic recording are possible. The recorder can only turn on if there is movement in the monitored room. The storage medium will be a hard drive. A monitor is used to view images. Images from several cameras can be displayed on one monitor.
- The location of the cameras is also important. They are installed at a distance of no more than 50 meters from each other. If the device is located on a corner, it must have a rotating mechanism.
- Outdoor cameras are installed in anti-vandal casings.
- The sensitivity of internal devices must be at least 0.1 lux.
Employer surveillance of employees. Legal?
No one is surprised by the large number of CCTV cameras in public places. But is it legal to have them in company offices or production facilities?
Many employers do not even hide their intentions to observe what employees do in the workplace. The main motives of employers are: checking the honesty of employees and their desire to work for the benefit of the company.
The methods of supervising specialists can be very diverse: it all depends on the imagination and capabilities of the employer and the organization’s security service.
The most common methods of personnel supervision:
- CCTV,
- wiretapping office phones (and sometimes mobile phones...),
- tracking electronic data (checking mail, tracking actions with files, frequency of Internet access, pages visited, etc.),
- electronic access systems.
Is it legal to use “spy tools”?
Whatever one may say, the employee is still obliged to fulfill the duties assigned to him, observe labor discipline, internal rules, etc. (Article 21 of the Labor Code of the Russian Federation).
In turn, the employer has the right to demand that employees fulfill their job duties and take care of the company’s property and comply with internal regulations (Article 22 of the Labor Code of the Russian Federation).
But can an employer be held accountable for secretly spying on employees during working hours? We asked this question to an expert.
Anastasia Fishkina, legal lawyer : “Yes, you can. Secretly obtaining information about persons is possible only in the case of a direct instruction from the Federal Law “On Operational-Investigative Activities.” In other situations, for collecting information about a person’s private life without his consent, the employer may be subject to:
- administrative liability (Article 13.11 of the Code of Administrative Offenses of the Russian Federation): warning or imposition of a fine on legal entities - from 5,000 to 10,000 rubles.
- criminal liability (Articles 137, 138 of the Criminal Code of the Russian Federation): in particular, a fine of up to 200,000 rubles or even imprisonment for up to 2 years with deprivation of the right to hold certain positions for up to 3 years.
In addition, the Federal Law “On Personal Data” imposes an obligation to compensate for moral damage caused to the subject of personal data as a result of violation of his rights.”
To “legitimize” supervision of employees, sometimes employers include in the employment contract a clause stating that the company practices supervision of personnel activities during the working day. However, not everyone is in a hurry to invite employees to sign such documents. First of all, they fear a negative reaction from applicants for vacant positions. Simply put, employers are afraid of scaring off candidates.
At the same time, there are opinions that the presence of such a clause in an employment contract can encourage an employee to perform functions at a higher quality level, and protect the employer from possible claims.
You just need to understand the difference between business and personal information. The fact is that the Constitution guarantees every citizen of our country the right to privacy, to the secrecy of correspondence, telephone conversations, and messages. At the same time, the collection and use of private data without agreement with the “original source” is prohibited. (Articles 23, 24 of the Constitution of the Russian Federation). Violation of the last rule may result in a warning or a fine.
Anastasia Fishkina says the following about this: “The employer can control what exactly employees do during working hours. But for this, it is not enough to simply add the appropriate clause to the employment contract.
Russian legislation does not directly prohibit “surveillance” of employees. However, the Constitution of the Russian Federation gives everyone the right to privacy. Therefore, if an employer wants, for example, to install video surveillance in the office, then this must be done “openly”, in compliance with legal requirements.
In particular, for this you should:
1. prepare the necessary documents;
2. obtain the consent of employees;
3. place information signs (if necessary);
4. submit a notification to Roskomnadzor (if necessary).”
Of course, from a psychological point of view, it is difficult for employees to work under constant control.
But, you must admit, it is much better when the employer acts openly (explains that surveillance is carried out solely in the interests of developing a common cause, offers to “legitimize” inspections), and subordinates understand what specific control methods are used at the enterprise. In such a situation, the parties will be able to direct all their efforts to fulfill production tasks, and not wait for a trick from each other. Author: Sergey Artyushin
The employee objects.
What to do if an employee already works at the company and does not want to be monitored by video? Provided that the employer has taken into account all legal requirements and taken measures to notify employees, the employee can only refuse consent and not sign the local act.
If an additional clause was added to the employment contract stating that the employee is obliged to comply with the provisions of this document, then the employer has the right to dismiss the employee. In case of disagreement with the decision made, the employee can challenge it in court.
In conclusion, it is worth noting that installing video surveillance in the workplace requires the employer to take careful measures to comply with the law. Otherwise, he risks being prosecuted under the administrative or criminal code.
Can an employer install cameras in the workplace?
Video recording has long become a common thing on the streets, in large shopping or entertainment centers, and in other places where large crowds of people are potentially possible. In most cases, this is associated with security and control issues.
Recently, the use of video cameras in enterprises and organizations, and directly at the place of work of a particular person, has become increasingly widespread. To what extent does this state of affairs comply with legal requirements?
The legal portal bukva-zakona.com draws your attention to the fact that there is no direct ban on video filming in the workplace. However, several conditions are stipulated for this to happen.
Condition 1. The use of video recording cameras must be stipulated in local regulations.
If there is no such provision, then before proceeding with the installation of video equipment it is necessary to develop, approve and put it into operation.
It should reflect not only the possibility of video recording, but also measures to protect personal data and responsibility for violating this.
Condition 2. The employer is obliged to inform the employee about the fact of video recording during the production process and record the fact of such information against signature.
The administration does not have the right to simply install a video camera at every workplace; first it must warn all employees who will be affected and obtain their approval for this action. If new employees are hired, they all sign the appropriate consent; if such a rule existing in the organization does not suit them, then the employment contract will not be signed.
If the situation concerns existing employees, and the installation of video equipment takes place in a functioning workplace, then it is necessary that all employees who will be affected provide written consent. Since the installation of surveillance and control systems at workplaces will be provided for by internal documents, disagreement to this on the part of the employee will allow the employer to unilaterally revise the employment contract.
Condition 3. The administration does not have the right to demand that an employee provide information from his personal life.
A functioning video camera will allow the employer, for example, to find out that during working hours an employee made calls that were not related to his work functions. But the employer has no right to go further than this - you cannot demand a report on who the conversation was with, what the topic of the conversation was, and so on. If job duties are performed in full, then no sanctions can be applied to the employee at all.
This condition also prohibits the installation of video recording devices in places not related to the production process. For example, you cannot install video surveillance in a smoking room or toilet, since, obviously, these objects cannot be considered workplaces and control over an employee in such places cannot affect the quality of production processes and compliance with labor discipline.
Condition 4. The information received must not be used for other purposes. including transferred to third parties.
By installing video recording cameras, the employer assumes the responsibility to ensure the safety of the information received and prevent other persons from accessing it. If the information obtained as a result of filming nevertheless becomes public, the employer may be punished, even criminally, for failure to ensure the safety of personal data or its disclosure.
Thus, the use of video cameras in organizations is not illegal, but for this the described conditions must be met.
If we talk about the goals that an employer pursues when installing video surveillance systems, the main ones are:
- control over the performance of their official duties by subordinates;
- remote control over material assets, goods, products, and so on;
- control over compliance by subordinate personnel with labor safety requirements and the correct execution of production processes;
- control over the behavior of visitors in places where citizens are received and emergency situations could potentially arise;
- collection of statistical data (for example, determining the maximum flow of visitors depending on the time and day of the week);
- to resolve security issues on the territory of the organization and implement access control;
- to identify labor efficiency;
- to control the actions of employees related to the provision of services to the public.
The legal portal bukva-zakona.com considers it necessary to remind once again that installation of video cameras is possible in the workplace, but not in places that are not related to the production process.
If installed cameras are found in places not intended for this purpose, then the minimum that workers have the right to is to demand that the administration immediately dismantle them and delete all information obtained from these cameras.
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Legal aspects of audio and video control in public places. (including in office premises)
Video surveillance in public places is becoming increasingly common. Rapid advances in technology and a growing sense of insecurity among the general population have gradually led to the public's acceptance of video surveillance as a useful tool in the context of crime prevention and detection. Indeed, video surveillance has found its place in everyday life in many cities and has repeatedly proven to be a very effective tool. CCTV has played a positive role in criminal cases in the courts, for example in the London Underground bombings of 21 July 2005, and more recently when CCTV helped prevent attempts to detonate car bombs in London and Glasgow. While we welcome the effective use of new technologies to maintain public order and ensure security in the country, there is a possibility that CCTV may be an infringement on human rights such as privacy and data protection. Everyone has the right to privacy, personal and family secrets, and protection of their honor and dignity. This is exactly what Article 18 of the Constitution of the Republic of Kazakhstan says.
Everyone living in or crossing the video surveillance area has the right to know about it and have access to all their own images. Today, in accordance with current legislation, video cameras are installed in public places (at dangerous intersections where there is a high probability of accidents, in squares, markets), shops, shopping and office centers, as well as in the courtyards of multi-storey buildings. At the same time, for violation of privacy, the Criminal Code of the Republic of Kazakhstan provides for Article 142, which provides for criminal liability for the illegal collection or dissemination of information about the private life of a person that constitutes his personal or family secret, without his consent. Therefore, the use of hidden CCTV cameras in places where other people's interests may be affected is illegal. It’s another matter when video cameras connected to operational control centers are installed in public places and on the streets in order to suppress crimes and administrative offenses. The Law of the Republic of Kazakhstan “On Licensing” defines an exhaustive list of licensed types of activities. In accordance with Article 33 of the Law of the Republic of Kazakhstan “On Licensing”, a license is required to engage in design and survey activities, this type of activity includes the following subtype of activity: construction design (with the right to design for major repairs and (or) reconstruction of buildings and structures, and also strengthening structures for each of the works listed below) and design, including internal systems of low-current devices (radio and electrical clocks, telephone installation, internal and intercom communications, cable television and security video surveillance, electrical alarms, including fire and security), as well as their external networks. This article refers to those persons who are engaged in the design, construction and installation of security video surveillance as a business activity. Therefore, to use video surveillance systems indoors, you do not need to obtain a state license.
Thus, there are no mandatory rules for the availability of a license and other permits for the type of activity “use of video surveillance systems” in the legislation of the Republic of Kazakhstan. In particular, in light of Article 8 of the European Convention on Human Rights (the Convention), which guarantees the right to respect for private life, video surveillance should remain an exceptional measure permitted by law, and only where it is necessary in a democratic society to protect national security interests and public order or for the prevention or detection of disorder or crime. According to subparagraph 3 of Article 20 of the Law of the Republic of Kazakhstan dated July 23, 1999 No. 451-1 “On the Mass Media,” a journalist has the right to make recordings, including using audiovisual equipment, filming and photography, except for cases prohibited by legislative acts of the Republic Kazakhstan. No one has the right to use the image of any person without his consent, and in the event of death, without the consent of the heirs. Publication, reproduction and distribution of a visual work (painting, photograph, film, etc.) in which another person is depicted is permitted only with the consent of the person depicted, and after his death with the consent of his children and surviving spouse. Such consent is not required if this is established by legislative acts, or the person depicted posed for a fee (Article 145 of the Civil Code of the Republic of Kazakhstan). As well as the illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, committed by a person using his official position, as well as the dissemination of this information in a public speech, a publicly displayed work or in the media, if These acts caused harm to the rights and legitimate interests of the victim, are punishable by a fine in the amount of five hundred to eight hundred monthly calculation indices or in the amount of wages or other income of the convicted person for a period of five to eight months, or by deprivation of the right to hold certain positions or engage in certain activities for a period from two to five years, or arrest for a period of four to six months (Part 2 of Article 142 (privacy) of the Criminal Code of the Republic of Kazakhstan dated July 16, 1997 No. 167-I. As a rule, surveillance of an employee is carried out secretly, without him consent The position of many employers is that during working hours the employee is obliged to engage exclusively in the performance of work duties. In other words, the employee is presumed to have no right to privacy in the workplace. Otherwise, he dishonestly uses the time paid by the employer and commits a disciplinary offense (failure to fulfill official duties). From this it is concluded that the employee’s consent to the collection of information about his behavior in the workplace is not required. For my part, I believe that such an interpretation of this norm is erroneous and violates the rights of the employee.
Firstly, this violates a citizen’s constitutional right to privacy, since the collection, storage, use and dissemination of information about a person’s private life without his consent is not allowed. At the same time, the terms “private life” and “personal data” should not be considered in the narrow sense, as the life of a citizen, hidden from other citizens. The European Court of Human Rights has repeatedly emphasized that even in the public sphere there is a zone of interaction between a person and other people, which may fall within the sphere of “private life” (Judgment of the European Court of 28.01.2003 in the case of Peck v. the United Kingdom v. United Kingdom); judgment of the European Court of Human Rights dated 24.06.2004 “The case of Von Hannover (Princess of Hanover) v. Germany”).
Secondly, if an employee at the workplace fully complies with the production standards and requirements of the job description for a given job function, then even private smoke breaks and personal conversations on the phone do not give the employer grounds to punish the employee for failure to fulfill job duties. Accordingly, the very meaning of establishing tracking of an employee is lost in view of such an argument.
Thirdly, the employee has the right to complete reliable information about working conditions and labor protection requirements in the workplace, incl. over methods of control in relation to its production activities. Excessive regulation of an employee’s behavior in the workplace, which is not related to the employee’s job responsibilities, but is determined only by the subjective discretion of the employer, is illegal. Of course, there are professions that require complete concentration on the production process - security guards, bodyguards, air traffic controllers, etc., but most professions do not have such strict requirements.
Since covert surveillance of an employee by an employer is undoubtedly illegal, most offices have signs indicating the presence of security cameras (“video surveillance is being conducted,” “You are being filmed by a video camera,” etc.). Is this enough to make video surveillance legal? It seems that this is not enough. Control over employees is the scope of internal labor regulations, which must be enshrined in the relevant local regulations. The employee must be introduced to it upon signature. However, in my opinion, in the absence of production necessity, the establishment of such control is unlawful, even despite the presence of a corresponding provision in the Internal Regulations and the employee’s signature in the familiarization sheet (magazine). So, in the Internal Regulations it is necessary not only to indicate the presence of surveillance systems, but also to provide a justification for the production need to install security cameras. In addition, each workroom where video equipment is installed must have a corresponding sign. Thus, organizing video surveillance in an office or industrial premises requires compliance with many conditions. Otherwise, the employer may find himself in various unpleasant situations - from losing the loyalty of employees who learned about the tracking system through rumors, to losing a case in court. And in conclusion, I would like to say that despite the obvious progress in the field of human rights protection, the human rights mechanisms of the Republic of Kazakhstan need serious adjustments. Human rights have not yet become an absolute priority in government policy and the activities of government bodies. Until now, the country does not have the necessary level of understanding and coordination of the actions of all branches of government in ensuring and protecting human rights and freedoms. The proposed recommendations and measures in the National Plan are aimed at improving legislative, institutional and control mechanisms in the field of human rights. It is necessary to make fuller use of the human rights potential of civil society institutions, to pay close attention to the role of legal education, the formation of a socially active personality capable of defending their rights and demanding an adequate attitude towards their rights and responsibilities from other participants in legal relations, primarily from government bodies and their officials. Prepared by ZAN Law Firm lawyer Zhunusova Aigerim
Comments:
Manfil
20.02.2017
What does that look like now in 2020? For example, regarding video surveillance with sound in the entrance of an apartment building (100 apartments, one entrance).
Answer
21.02.2017
Hello Manfil! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Publication, reproduction and distribution of a pictorial work in which another person is depicted is permitted only with the consent of the person depicted, and after his death with the consent of his children and surviving spouse. Such consent is not required if this is established by legislative acts, or the person depicted posed for a fee. The installation of video surveillance is carried out with a notice notifying that video surveillance is being conducted. Thus, if you install a camera in a public place, you must install a sign that says “Video surveillance is in progress.” At the same time, to install video surveillance in an apartment building, it is necessary to sign the Minutes of the general meeting of the residents of the entrance on the consent of the residents to install surveillance. Installation of video surveillance with sound is not allowed. For more detailed advice, we ask you to come to our office at the address: Almaty, st. Turgut Ozala, 247, office 1. or call +7 701 557 44 27,, Sincerely, Dinara
Artem
28.02.2017
Good afternoon, please tell me whether it is legal to conduct video surveillance together with audio recording in places such as public utilities?
Answer
28.02.2017
Hello, Artem! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Publication, reproduction and distribution of a pictorial work in which another person is depicted is permitted only with the consent of the person depicted, and after his death with the consent of his children and surviving spouse. Such consent is not required if this is established by legislative acts, or the person depicted posed for a fee. The installation of video surveillance is carried out with a notice notifying that video surveillance is being conducted. Thus, if you install a camera in a public place, you must install a sign that says “Video surveillance is in progress.” Installation of video surveillance with sound is not allowed. For more detailed advice, we ask you to come to our office at the address: Almaty, st. Turgut Ozala, 247, office 1. or call +7 701 557 44 27,, Sincerely, Dinara
Max
30.03.2017
Good night! There is no sign in the supermarket, there is video surveillance, is this a violation of customer rights?
Marat
31.03.2017
Good afternoon, I ask you to provide a link to a legal regulation or other source that prohibits video surveillance with sound. For example, at the box office, etc. on private territory and public places.
Answer
03.04.2017
Hello, Marat! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Publication, reproduction and distribution of a pictorial work in which another person is depicted is permitted only with the consent of the person depicted, and after his death with the consent of his children and surviving spouse. Such consent is not required if this is established by legislative acts, or the person depicted posed for a fee. The installation of video surveillance is carried out with a notice notifying that video surveillance is being conducted. For more detailed advice, you can come to our office at the address: Almaty, st. Turgut Ozala, 247, office 1, or call +7 777 828 11 25 or Best regards,
Answer
03.04.2017
Hello Max! The installation of video surveillance is carried out with a notice notifying that video surveillance is being conducted. When installing a camera in a public place, you must install a sign that says “Video surveillance is in progress.”
Sydyk
29.07.2017
I have one question, I work in a store as a cashier, he installed a video and audio camera, is this legal?
Alisher
31.07.2017
Hello! Is video surveillance WITH SOUND allowed in the MFO branch?
Answer
01.08.2017
Hello, Sydyk! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Also, it is prohibited to make sound recordings without the official consent of employees. The installation of video surveillance is carried out with a notice informing that video surveillance is being conducted. Best regards, Dinara
Answer
01.08.2017
Hello, Alisher! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Also, it is prohibited to make sound recordings without the official consent of employees. The installation of video surveillance is carried out with a notification notifying that video surveillance is being conducted (an agreement between the employer and employee on the implementation of work activities under such supervision). Best regards, Dinara
Kostya
02.08.2017
Hello! We have cameras installed in our office and store that can produce audio recording. Is it legal for the Security Service to simply listen to employees through these cameras?
Answer
02.08.2017
Hello, Kostya! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Also, it is prohibited to make sound recordings without the official consent of employees. For more detailed advice, you can come to our office at the address: Almaty, Turgut Ozala St., 247, office 1, or call +7 777 828 11 25 or Best regards, Dinara
Artem
07.08.2017
I work as a security guard for a security company. There are warning signs about CCTV cameras. The security system of the facility constantly monitors the security guards through cameras. There are cases of dismissal or punishment of security guards for improper performance of official duties. Moreover, this is not recorded anywhere about video surveillance during work, and even more so, none of the employees are familiar with the signature. Are the employer’s actions legal?
Answer
14.08.2017
Hello, Artem! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Also, video recording is prohibited without the official consent of employees. In accordance with the requirements of Article 294 of the Civil Procedure Code, you have the right to apply to the court for a violation of your rights, freedoms and legitimate interests. For more detailed advice, you can come to our office at the address: Almaty, Turgut Ozala St., 247, office 1, or call +7 777 828 11 25 or Sincerely, Dinara
Rinat
26.08.2017
Good afternoon. Today I went into the store and there were signs that they were recording audio and video. Does a store owner have the right to record the voice of store visitors. Please tell me is it legal to record sound?
Answer
28.08.2017
Hello, Rinat! According to the requirements of clause 1. Art. 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their honor and dignity. In accordance with the requirements of Art. 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent, and in the event of death - without the consent of the heirs. Also, video recording without official consent is prohibited. For more detailed advice, you can come to our office at the address: Almaty, Turgut Ozala St., 247, office 1, or call +7 777 828 11 25 or Best regards, Dinara
DMITRIY
29.08.2017
GOOD AFTERNOON. SO YOU SAY THAT IT IS ILLEGAL TO INSTALL A CAMERA WITHOUT NOTIFICATION. RECALLING 18ART.P.2 OF THE CONSTITUTION OF R.K. WHAT TO DO IF AN AUTOMATIC PHOTO VIDEO FIXING DEVICE IS INSTALLED, PERFORMING PHOTO FIXATION OF TRAFFIC VIOLATIONS, BUT WITHOUT A PLATE (SIGN) THAT VIDEO PHOTO FIXING IS BEING CONDUCTED. WHATEVER THE ADDITIONS TO THE REGULATIVE LEGAL ACTS, LAWS, ETC. ARE, ALL COMES TO THE FACT THAT ARTICLE 18 OF THE CONSTITUTION IS VIOLATED. CORRECT ME IF I'M WRONG. THANK YOU
Answer
29.08.2017
Hello Dmitry! In accordance with the requirements of the Law of the Republic of Kazakhstan “On Road Traffic”, road signs and signals installed on the roads of the Republic of Kazakhstan, light road signals and road markings must comply with international treaties ratified by the Republic of Kazakhstan. According to the requirements of the Constitution of the Republic of Kazakhstan, international treaties ratified by the Republic take precedence over its laws. The procedure and conditions for the validity of international treaties to which Kazakhstan is a party on the territory of the Republic of Kazakhstan are determined by the legislation of the Republic. To receive an official explanation of the reason for the absence of signs in front of photo-video recordings on the roads of the Republic of Kazakhstan, you can submit an application to the Traffic Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan. Sincerely, Dinara, Zhuldyz
Vladimir
18.11.2017
Is it legal to install wiretapped cameras in the locker room and dining room of the service staff in the Shopping and Entertainment Center?
Answer
27.11.2017
Hello, Vladimir! The installation of video cameras must include a notice indicating that video is being filmed. Audio listening is not permitted. Best regards, ZAN team
Aliya
08.04.2020
Hello! We have an apartment building (100 square meters) with one entrance and entrance/exit. Cameras are installed in the front door for security purposes. Warning signs are installed, but from time to time illegal acts are committed against our common property in the front door of the house. For example, they relieve themselves, kick the door, drink alcohol, and there have even been cases of drug use. And all these actions do not cause any damage to property, so we cannot attract them. The only tool for prevention remains social networks. But there are doubts: can we post videos from CCTV cameras on our Instagram page about violations of public order? For example, attempts to hack the intercom, attempts to break the front door, etc.
Answer
13.04.2020
Hello Aliya, your arguments are quite reasonable; for minor illegal administrative violations, you can publish materials. If certain persons commit illegal actions of a more serious, criminal nature, it is better to transfer the materials directly to the territorial internal affairs bodies. Best regards, ZAN Company team
Zhanat
15.05.2020
Hello. Is it legal to install a video camera with audio recording function in the cab of a truck at an enterprise?
Answer
28.05.2020
Hello Zhanat, the installation and justification for installing a video camera must be specified in the Internal Regulations and other labor documents, and the Employee must sign as a sign of consent. Audio recording is not permitted. Best regards, ZAN Company
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