What are the consequences of missing pictograms on vehicles? Simply having an employee sign a document stating that such monitoring exists is not enough?
ANSWER
The Labour Code requires monitored tools to be marked with appropriate signs or audible announcements no later than one day before the monitoring is activated. Failure to provide such marking is therefore a violation of the Labour Code. It should be stressed, however, that this violation does not constitute an offence against employee rights within the meaning of the Labour Code. Even so, non-compliance with the Labour Code may raise doubts when assessing the controller's legitimate interest as the legal basis for processing, because it is questionable whether that interest is truly legitimate when obligations under generally applicable law have not been met.
It is also worth remembering that a pictogram, especially when accompanied by an information notice, often also serves as the first layer of the information obligation under Article 13 GDPR. This means that failure to provide proper marking may also be treated as a violation of the GDPR, which can even lead to an administrative fine.
Taking into account both the Labour Code and the GDPR, the following is recommended to properly inform an employee about monitoring:
- familiarise the employee with the work regulations containing the monitoring rules;
- state the purpose, scope and manner of the monitoring in a separate notice, in accordance with Article 222(6) of the Labour Code;
- present the information clause in accordance with Article 13 GDPR;
- mark the premises and monitored area and/or the monitored work tools, which may be combined with the first layer of the information obligation under Article 13 GDPR.
