Grumpy GDPR: I'll be watching you

Monitoring vs. surveilling - where does the limit go? 👉 Join the discussion on LinkedIn, where every podcast episode is shared.

Links and resources:

• In 2018, Gartner surveyed 239 large corporations and found that more than 50% are using some type of nontraditional monitoring techniques, and a YouGov 2020 report found that 1 in 5 companies have or intend to engage in using a form of employee monitoring tool.
• The Norwegian DPA's guidance Monitoring and control of employees' digital activities (only in Norwegian).
• The Norwegian DPA on the use of MyAnalytics in Microsoft Office 365 after changes to user terms.
• Some relevant GDPRhub decisions:
• The Spanish DPA held that, whilst audio recording of the workplace is legal under Spanish law, the employer responsible must inform its employee in advance. Failure to inform the employees was in violation of Article 13 GDPR.
• The Landesbeauftragte , the DPA of Lower Saxony, Germany, fined notebooksbilliger.de €10,4 million for monitoring their employees over video without a legal basis.
• The Italian DPA fined a municipality €84,000 for indiscriminate monitoring of employees in violation of Articles 5 (1)(a) and (c), 6, 9,13, 88, and 35 GDPR.
• The Finnish DPA ordered a hospital to delete any historical data, location logs, and other employee personal data generated by Windows 10 for Workstations. One of the OS features violated the "data protection by default" principle under Article 25(2) GDPR.