WRITTEN QUESTION No. 1390/99 by Klaus HÄNSCH Commission report on checks on the implementation of the social legislation relating to road transport
C 27 E/40 Official Journal of the European Communities EN 29. 1. 2000 (2000/C 27 E/046) WRITTEN QUESTION E-1388/99 by Freddy Blak (PSE) to the Commission (1 September 1999) Subject: Video surveillance of employees It has become increasingly common for employers to use video surveillance, not only to monitor customers but also their own employees. It has even got to the point that many employees are under surveillance outside the workplace. By hiring private detectives, employers keep their employees under surveillance both during and outside working hours. Does the Commission not take the view that such a practice constitutes an unacceptable infringement of employees rights which unnecessarily casts them in a suspicious light? Answer given by Mr Flynn on behalf of the Commission (15 September 1999) The Commission is aware of the use of technical devices such telephone-tapping and video surveillance in the workplace for the purpose of monitoring the conduct or work performance of employees. At Community level, there is no specific provision on the surveillance of employees in Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1). At international level, the 1996 International labour organization (ILO) code of practice on the protection of worker data (2) does not exclude the monitoring of workers but it clearly restricts it. Monitoring is subject to two conditions. First, it can only be conducted if the workers concerned are informed in advance of the employerís intentions. Secondly, employers cannot simply choose the method and means of monitoring that they consider to be most suitable for their aims, but they should take into consideration the consequences for the privacy of workers and give preference to the least intrusive means of surveillance. In the case of secret or continuous monitoring, the code has taken a very restrictive approach. Continuous monitoring is limited to cases in which surveillance is necessary in order to deal with specific problems related to health and safety or to the protection of property. Secret monitoring is only accepted as long as specific provisions of national law foresee it. The Commission is currently analysing, in the framework of the protection of privacy of employee data, Member Statesí legislation on this matter. (1) OJ L 281, 23. 11. 1995. (2) Code of practice on the protection of workerís personal data, Doc MEWP/1996/5. (2000/C 27 E/047) WRITTEN QUESTION E-1390/99 by Klaus Hänsch (PSE) to the Commission (1 September 1999) Subject: Commission report on checks on the implementation of the social legislation relating to road transport In its report on checks on the implementation of legislation relating to road transport (COM(97) 698 final), the Commission notes that the level of checks and the incidence of penalties imposed for offences vary extremely widely between the Member States. Of over 1 million offences detected throughout the EU, Germany accounts for over 900 000. the social