Video and Audio Surveillance At Work in Serbia

The Growing Need for Surveillance Systems in the Workplace

As businesses increasingly turn to technology for enhanced security, the implementation of video and audio surveillance at work in Serbia has become more common. However, with the growing use of surveillance systems, employers must understand the legal requirements to ensure compliance with Serbian regulations. At Stojković Attorneys (STATT), we frequently receive inquiries regarding the legal aspects of installing video and audio monitoring systems in the workplace. This article provides a comprehensive guide for employers, detailing the necessary steps to legally introduce surveillance while respecting employee privacy rights and adhering to local laws.

Conditions for Implementing Video and Audio Surveillance

Employers seeking to establish video and audio surveillance in their workplaces must meet specific legal requirements. Video surveillance is classified under technical security systems, and before introducing such a system, a risk assessment is required. However, this requirement does not apply to micro-entities.

Self-Protective Activities and Licensing Requirements

To legally perform security services, including video surveillance, companies must obtain a license for self-protective activities as outlined in Article 45 of the Law on Private Security. Companies must also meet certain conditions to obtain a license for private security tasks, including:

• A job systematization act with clear job descriptions and authorizations.
• Compliance with uniform and badge requirements for security officers.
• Designated premises for storing weapons, if necessary.
• The employment of at least two licensed security officers.

Additionally, security officers must have the proper qualifications, including relevant education and professional training, to carry out security tasks like video surveillance. Employers must follow these procedures to legally deploy surveillance systems on their premises.

Legal Considerations for Personal Data Protection

Video surveillance falls under personal data processing, which means that employers must comply with Serbia’s personal data protection regulations. According to the Law on Personal Data Protection (ZZPL), employers must ensure that the surveillance system respects employees’ privacy rights.

Consent vs. Legitimate Interest

Although consent is a common basis for data processing, it is not always suitable for video surveillance due to the potential imbalance of power between employees and employers. Under ZZPL, consent is revocable, which creates challenges in workplace surveillance. If even one employee withdraws consent, the entire data processing can become unlawful.

As a result, the most appropriate legal basis for workplace video surveillance is legitimate interest. To justify this, employers must conduct a Legitimate Interest Assessment and document it in an official act. This assessment evaluates the necessity of video surveillance and ensures that less intrusive alternatives have been considered.

Adherence to Data Minimization Principles

Employers must also adhere to the principle of data minimization. This means that surveillance should only cover areas necessary for security purposes and should not record break rooms or restrooms. Employers should implement video surveillance in a way that respects privacy rights while meeting security needs.

Furthermore, to comply with ZZPL, employers must display clear signs informing employees and visitors that video surveillance is in operation. This ensures that individuals are aware of the data collection, as required by Article 23 of ZZPL.

Audio Surveillance: Additional Legal Considerations

Implementing audio surveillance in the workplace involves additional considerations. Like video surveillance, audio recording is subject to data protection laws. Employers must minimize the collection of personal data and ensure that audio recording is strictly necessary for security purposes.

In some cases, specific regulations such as the Law on Games of Chance may mandate audio and video recording for compliance, which overrides the need for legitimate interest or consent.

Compliance with Legal Requirements: Key Takeaways for Employers

To legally implement video and audio surveillance in the workplace, employers must navigate a complex legal framework. Compliance with both the Law on Private Security and the Law on Personal Data Protection is essential for safeguarding privacy while protecting business interests.

Employers must:

• Obtain the necessary licenses for security services.
• Perform a risk assessment before introducing video surveillance.
• Rely on legitimate interest for data processing, rather than consent.
• Ensure that surveillance is conducted in a way that respects employee privacy.
• Clearly notify employees about the surveillance system.

By following these legal guidelines, employers can secure their property and ensure the safety of their workforce while maintaining employee trust. At Stojković Attorneys (STATT), we offer expert legal guidance to help employers navigate these complex requirements. Contact us today for personalized advice on implementing surveillance systems in your workplace.