Video Surveillance at the Workplace
Video surveillance at the workplace is permitted in Switzerland only when there is a legitimate business reason—security, preventing theft, protecting assets—and it respects employee privacy under revDSG (revised Federal Data Protection Act). You must inform employees in writing, limit cameras to common areas (not toilets or changing rooms), and document the surveillance in your data protection register. Violations expose you to fines and civil liability.
Video surveillance means recording employees or workplace premises using cameras. Swiss law permits this, but only under strict conditions balancing employer security needs against employee privacy rights.
You must comply with revDSG and cantonal labour law. Ignorance of these rules is common and costly—fines start at CHF 5,000 and can reach CHF 100,000 for serious breaches.
When Surveillance Is Legally Permitted
Surveillance is lawful only when it pursues a concrete, documented purpose: preventing theft, protecting company assets, monitoring workplace safety, or investigating specific incidents. General monitoring "just to see what employees do" is not a valid reason under revDSG.
You may film entrances, parking areas, storage rooms, and shop floors. You cannot install cameras in toilets, changing rooms, showers, or break rooms—these are private spaces regardless of ownership. Remote access to live feeds requires additional employee consent.
- Document the business purpose before installing any camera.
- Limit camera placement to areas where privacy expectation is lowest.
- Avoid recording audio unless investigating a specific security incident.
- Never use surveillance to monitor work pace or productivity in individual workspaces.
- Retain footage for no longer than strictly necessary (typically 7–14 days).
- Inform all employees about surveillance in writing before deployment.
Your Legal Obligations Under revDSG and ArG
You must notify employees in writing that surveillance exists, where cameras are located, what is recorded, and how long footage is kept. This notification must happen before surveillance begins—verbal announcements do not satisfy revDSG requirements.
Under the Arbeitsgesetz (ArG), surveillance must respect human dignity. This means you cannot use camera footage for purposes unrelated to the stated reason (e.g., monitoring bathroom breaks to assess productivity). If your canton has stricter rules—check with your cantonal labour office—those apply instead.
- Maintain a data protection impact assessment (DPIA) if surveillance is extensive.
- Register all surveillance systems in your company's data protection register.
- Grant employees the right to request what footage exists of them.
- If data breaches occur, report to affected employees and (if serious) to FDPIC.
- Designate a data protection officer if surveillance involves many employees or sensitive data.
- Review and update consent annually; reconsent if coverage, retention, or purpose changes.
The Most Common Mistake
Employers install surveillance "for security" without documenting the specific threat or incident that justified it. Courts and cantonal authorities reject generic security claims. You must articulate a real problem: a series of thefts, a specific safety hazard, or evidence of misconduct.
The second mistake is failing to inform employees. Even if your legal purpose is sound, lack of written notice violates revDSG and can void your consent defense. Penalties include administrative fines of CHF 5,000–CHF 100,000 and private lawsuits by employees for damages.
- Do not assume 'employer owns the building' means you can film anywhere.
- Do not rely on an employee handbook sentence mentioning CCTV; use a separate, signed notice.
- Do not use footage retroactively to justify surveillance you installed without cause.
- Do not mix purposes—security footage cannot become productivity monitoring.
- Do not keep footage longer than your stated retention period.
- Consult a Swiss data protection lawyer before installing visible or hidden surveillance.
Frequently asked questions
- Can I install hidden cameras in my office?
- No. revDSG requires you to inform employees before surveillance begins. Hidden cameras are only lawful if investigating a specific, documented theft or security incident—and even then, disclosure must follow shortly after. General hidden surveillance violates the dignity principle in ArG and attracts high penalties.
- Can I monitor employee home offices during remote work?
- Only with explicit written consent from each employee and a documented business reason. Monitoring a home office is more invasive than workplace surveillance because employees have a stronger privacy interest at home. Many cantons discourage this; check with your cantonal labour office. Screen-capture or keystroke logging is rarely justified.
- How long can I keep surveillance footage?
- No longer than necessary for your stated purpose. For security, typically 7–14 days. For incident investigation, up to 30 days if justified. Document your retention policy in writing and follow it. Keeping footage longer than necessary violates revDSG and can trigger fines. Do not store footage indefinitely 'just in case.'
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.