Me VYSYS 1010 Montageanleitung Seite 42

9 Legal Foundations
between the encroachment in the personal rights
of the affected persons and the justified interest
in respect to a monitoring (e.g. by the state for
the protection of public safety/security and order)
must be conducted.
VIDEO MONITORING OF
NON-PUBLIC AREAS
Monitoring at the workplace is the most frequent
form of non-public monitoring. Although the
company area basically belongs to the private
environment, it represents a special case of the
private area, which is not comparable with the
legal framework conditions for the purely private
area owing to the particular interest situation of
the parties involved in relation to video monitoring.
Here, both a thorough consideration between
the employees' interests worthy of protection and
those of the employer as well as the relevance of
labour law regulations and court verdicts must be
conducted.
42
ENGLISH
VYSYS 1010
WIRELESS LCD NVR COMBO
The following legal foundations are generally to
be considered in respect to the subject of video
monitoring:
• Basic right to free personal development
(Art.2 Para.1 in conjunction with Art.1 Para.1
of the Federal Constitution)
• Right to informative self-determination (Federal
Constitutional Court, verdict of 15.12.1983
[1 BvR 209, 269, 362, 420, 440, 484/83])
• Right to own image (§§ 22ff. Law on
Copyright in Works of Art and Photography)
• Federal Data Protection Act (in particular
§§ 6b BDSG)
• German Criminal Code (e.g. § 201a StGB)
• Federal state data protection acts (Art. 21a
BayDSG, §29b DSG NRW,
§ 33 SächsDSG etc.)
• Company co-determination (§ 87 Para.1
No. 6 BetrVG)