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Privacy Law Resources |
The Dutch Constitution establishes a general right to privacy of individuals in Article 10, the content of which is clarified in general data protection legislation. Individuals may assert these rights against private organisations as well as government, although courts have examined the issue of video surveillance in the context of the civil obligations of an employer to act as a good employer, rather than in the context of the employee's assertion of a right to privacy. Further protections are provided in the Act on Data Protection, the Works Council Act and the Working Environment Act. Video surveillance recordings are regulated by the Act on Data Protection if the tapes are systematically accessible or the information from them is stored.
Under the Civil Code, courts have prohibited the use of video surveillance for monitoring the activities of production personnel. In one case, management argued that the purpose for conducting video surveillance was to assist employees in improving their performance. Although the Works Council and the majority of employees approved the introduction of cameras, the trade union objected on behalf of some other employees, and the court determined that the instalment was in breach of the employer's duty of care to employees to act as a good employer under Section 1638z of the Civil Code. The court held that "privacy protection extends to the workplace", and this use of surveillance violated the personal sphere of workers.113