Can a public entity rely on processing personal data through a video surveillance system under Article 6(1)(e) GDPR on the basis of the Labour Code?
ANSWER
Article 5a of the Act on the Principles of Management of Public Property establishes detailed rules for monitoring public property. This therefore applies only to state legal persons that have acquired or been entrusted with state property and to purposes related to protecting that property, and constitutes a separate regulation on monitoring. Article 6(1)(e) GDPR should be applied here.
Regardless of this, a public entity is an employer and is subject to labour law provisions, and therefore also Article 222 of the Labour Code. Since a public entity in employment relationships does not perform public tasks, processing may be based on legitimate interest in the case of employee monitoring. Similarly as in other situations where a public entity participates in civil-law transactions (e.g. as a party to civil proceedings when pursuing claims).
