ECHR sets out the circumstances under which covert video-surveillance of employees is justified

In a decision handed down on 17 October 2019 the European Court on Human Rights (ECHR) ruled that covert video-surveillance of staff, which in this case subsequently resulted in employee dismissals, did not constitute a violation of Article 8 of the European Convention on Human Rights and Fundamental Freedoms, nor of Article 6 section 1 ensuring the right to a fair trial. The ECHR judges deemed that the Spanish courts’ judges had meticulously assessed the rights of both the applicants’, in this case supermarket employees suspected of theft, and the employer, and that they had examined in detail the grounds for video-surveillance. One of the applicants’ arguments was that they had not been informed ahead of time that the employer would be video-monitoring their activities, despite a legal requirement so to do. The Court however deemed that the video-surveillance measure was justified given the employer’s legitimate suspicion of serious irregular activity (misconduct) as well as serious observed losses.