The issue concerns the retention period for CCTV recordings that constitute an attachment to an accident report or an internal audit report. The Labour Code sets a maximum period of three months for storing recordings, with exceptions.
ANSWER
Article 222 § 3 of the Labour Code provides that the employer processes image recordings exclusively for the purposes for which they were collected, and stores them for a period not exceeding 3 months from the date of recording. § 4 of the cited provision provides that where image recordings constitute evidence in proceedings conducted on the basis of law or the employer has learned that they may constitute evidence in proceedings, the period specified in § 3 is extended until the proceedings are finally concluded.
The wording of § 4 thus gives the employer the right to store certain CCTV recordings for a period longer than 3 months where so-called accident proceedings are conducted and such a recording constitutes evidence in the case. Another example will be preparatory or court criminal proceedings conducted in a situation such as theft at the workplace.
In such special situations, it is entirely possible to store recordings for a longer period even if they relate to the employer's internal procedures, which may or may not subsequently become proceedings conducted on the basis of specific legal provisions. Of course, in this case it cannot be accepted that every recording may be stored for a longer period, but those related to or necessary within specific procedures and proceedings may be.
