Co-determination
"We monitor all PCs, that's normal."
The company secretly monitors PC activity, emails, cameras or location.
§ 26 BDSG / Art. 88 DSGVO / § 87 Abs. 1 Nr. 6 BetrVG
The boss may NOT do that
Covert monitoring is prohibited — the works council must agree!
The use of technical devices for monitoring conduct or performance (cameras, keyloggers, GPS, email analysis) requires the works council's consent (§ 87 (1) no. 6 BetrVG). Processing employees' data is only permitted insofar as it is necessary and with information (§ 26 BDSG). Covert monitoring is almost always unlawful — evidence from it is inadmissible, and compensation for pain and suffering is possible (Federal Labour Court 27.07.2017 – 2 AZR 681/16).
What the law says
§ 26 BDSG – Processing of employee data
Personal data of employees may be processed for the purposes of the employment relationship if this is necessary for carrying out the employment relationship.
§ 87 (1) no. 6 BetrVG – Co-determination on monitoring
The works council has a right of co-determination over the introduction and use of technical devices intended to monitor the conduct or performance of employees.
Federal Labour Court 27.07.2017 – 2 AZR 681/16
Covertly created records of employees' conduct are inadmissible in dismissal-protection proceedings.
What you can do
- Ask: which data is collected? Where is it stored? Who has access?
- Call the company data protection officer — free of charge for employees.
- In case of violations: inform your federal state's data protection supervisory authority (free of charge).
- Covert monitoring → compensation is realistic (typically €2,000–8,000).
Email template for your trainer
Subject: Information request under Art. 15 GDPR
Dear [management / data protection officer],
under Art. 15 GDPR, I hereby request information about all personal data that the company processes about me, in particular:
1) Which data is collected (PC activity, email, camera, location, login)?
2) The purposes of the processing
3) The recipients of the data
4) The storage period
5) The legal basis
I request the information within one month.
Kind regards
[Your name]