New Guidelines For Employers On Use Of Surveillance Cameras

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New Guidelines for Employers on Use of Surveillance Cameras
Recently, the Israel Privacy Protection Authority (the "PPA") published new guidelines for employers
regarding the use of surveillance cameras in the workplace environment. These guidelines supplement
previous guidelines issued by the PPA concerning privacy considerations in the use of surveillance cameras.
In the new guidelines, the PPA articulates the position that the importance of privacy considerations is
amplified in employer-employee relations. Therefore, strict privacy protection measures should be
implemented. According to the guidelines, an employer is obligated to determine and specify an explicit and
detailed policy regarding the employer's use of surveillance cameras in the workplace. Employees are to be
provided with proper notification regarding such policy.
The guidelines express the PPA's position that an employee possesses the right to a private space in
the workplace, and that any infringement of such privacy by the employer should comply with principles of
transparency, legitimacy, and proportionality.
1. Transparency
An employer must publicize a clear and detailed policy regarding the manner, scope and objectives of
the use of surveillance cameras. The employees must be informed of such policy and such policy should be
updated periodically. The guidelines include a new stipulation according to which the employer should, if
feasible, take into account the interests and welfare of his employees when formulating the privacy policy.
The guidelines state that concealing the existence or location of surveillance cameras from employees
is prohibited, except under exceptional circumstances. Furthermore, it is stipulated that obtaining the
employees' consent to concealed surveillance cameras does not enable such surveillance, as consent provided
by employees to their employer is not necessarily regarded as "free consent."

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2. Legitimacy
The "legitimacy principle" restricts an employer's ability to collect and use his employees' personal
information to only as specifically required for purposes that are both essential for the workplace and
consistent with the employer's business activities, unless otherwise permitted by law or the order of a
competent authority.
According to the PPA, the following may serve as legitimate grounds for use of cameras in the
workplace: (a) personal safety of personnel; (b) protecting property in the workplace; (c) ensuring security of
sensitive personal data and systems; and (d) customer service quality control.
It should be noted that the use of video for any purpose other than that determined by the employer
surveillance policy is forbidden, even if the new purpose itself is legitimate. For example, recordings from a
camera installed by the employer for purposes of monitoring entrance to highly sensitive areas of a factory for
security purposes cannot be used for disciplinary purposes such as monitoring the duration of the employees'
coffee breaks. Footage from surveillance cameras intended for security reasons may not be used to check
employee productivity.
3. Proportionality
The use of cameras must be proportionate to the business needs of the employer, balanced against the
violation of inherent employee rights through such use. Proportionality can be determined in accordance with
the following criteria:
• Camera Location: The placement of surveillance cameras is forbidden in restrooms, dressing rooms
and the like. Additionally, a space, room or work station used by the employee for the performance of
his work, and which is not accessible to the public, is deemed to be a "private domain" in which the
employee has an expectation of privacy free from constant monitoring.
o Placing a surveillance camera in an area in which the employee performs his work, for the
purpose of enforcement of internal discipline, such as monitoring the existence of leisurely
conversation between employees, infringes the employee's privacy to an unjustified extent and is
therefore forbidden.
o Leisure areas such as kitchens, lounges and other resting places used by employees for breaks
should not be surveilled, and employees have a heightened expectation of privacy regarding such
places.
o On the contrary, public areas which are accessible to the public are not deemed to be private
domains in which the employee would have an increased expectation of privacy. Therefore, the
use of cameras in such public areas would be considered more reasonable, so long as such use is

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proportionate and the employees have been notified through publication of an employer
surveillance camera use policy.
• Design of the Surveillance System: Employees should carefully consider the area covered, the number
of cameras, the times of recording, the resolution of the footage and the duration for storing the
footage.
o Exaggerated use of surveillance technology that disproportionately violates the employees' right
to privacy puts the employer at risk of administrative and criminal sanctions, as well as exposure
to civil suits. Such use may constitute grounds for an employee to resign, with such resignation
deemed to be termination by the employer for purposes of entitlement to severance pay.
It should be noted that data collected by means of surveillance cameras is deemed personal and the
recordings are deemed a "database" under the Protection of Privacy Law 5741-1981. Consequently, such data
is subject to database registration, data security and other statutory requirements. Employers installing
cameras in the workplace should consult with legal counsel in order to formulate a company policy for the use
of surveillance cameras in the workplace and to confirm compliance with the provisions of the PPA guidelines.
Benjamin Shalev, Adv.
Shalev@Schumanlaw.co.il
This document provides a general summary and is for information purposes only. It is not intended to be
comprehensive nor does it constitute legal advice. If you are interested in obtaining further information
please contact our office at:
Schuman & Co. Law Offices
Beit Bynet, 8 Hamarpe Street, P.O.Box 45392
Har Hotzvim, Jerusalem 97774 Israel
Tel: +972-2-581-3760, Fax: +972-2-581-5432
Schuman@Schumanlaw.co.il
http://www.schumanlaw.co.il/