CCTV and Workplace Privacy — Italy

Abstract

Video surveillance has penetrated every day life. The data which are collected during video surveillance activities consist mainly of images and sounds which either identify or allow the identification of data subjects, directly or indirectly, in addition to monitoring their conduct. Thus, the implementation of closed circuit TV (CCTV) as a convenient means to achieve various security purposes raises issues as regards privacy and data protection. Moreover, the widespread use of surveillance also jeopardizes the citizens’ freedom of movement and behaviour. The paper presents an analysis of how Italy strikes the balance between security and privacy requirements in relation to the phenomenon of video surveillance. To that end, the Italian Data Protection Authority’s Generally Applicable Regulation of 29 April 2004 (Decalogue 2004) is dealt with. Particular attention is given to the use of close circuit TV (CCTV) in the workplace, which is an environment where the relationship between surveillance and personal rights was pointed out long ago. After an evaluation of the rules concerning video surveillance and the way the courts and the Data Protection Authority apply them, it is concluded that the interest in privacy has significantly increased in Italy since privacy legislation has been enacted.