Rules no. 837/2006 on Electronic Surveillance state that electronic surveillance shall not be excessive in relation to the purposes for which it is conducted. Privacy rights of the individuals subject to surveillance shall be respected and any unnecessary interference with their privacy shall be avoided. When determining whether to conduct electronic surveillance, it should be established that the objectives of the surveillance cannot be reached by other, reasonable, and less intrusive means.
Electronic surveillance for the purpose of monitoring workers’ efficiency is subject to the condition of a specific need, e.g. if:
a. employee supervision cannot be managed by other means; or
b. safety of the monitored area cannot be ensured by other means, e.g. from the point of view and in the light of legislation on hygiene and pollution control;
c. the surveillance is necessary on the basis of provisions of a wage contract or a similar agreement on terms of employment, e.g. when wages are based on performance-based og time-based systems.
