Video surveillance of employees in the workplace is the subject of regulation in the draft Labour Code of Ukraine. This aspect of labour relations affects the right to respect for a person’s private life. The article emphasises that the regulation of video surveillance of employees is possible only if the Constitution of Ukraine and Council of Europe standards are observed. The article provides a comparative analysis of the provisions of the Constitution of Ukraine and the European Convention on Human Rights in terms of the right to respect for private life. The analysis of the Decision of the Constitutional Court of Ukraine makes it possible to conclude that the concepts of ‘personal life’ and ‘private life’ are equivalent. Video surveillance as a form of control over employees has been repeatedly considered by the ECtHR, so the article cites several judgments that are important for formulating the basic principles and standards in this area in Ukraine. An important aspect emphasised by the European Court of Human Rights is that the employee must be informed of video surveillance and the location of the cameras. The article also cites the Opinion of the Venice Commission, which emphasises the fundamental nature of the right to respect for private life. The article quotes the wording of the provision on video surveillance of employees in the workplace in the draft Labour Code of Ukraine and comments on it. The author substantiates the thesis that video surveillance of an employee at work is not only the right of the employer, but also contains a number of employee rights. In particular, an employee has the right to demand a video fragment which records the employer’s violation of labour law. Thus, video recording becomes an important evidence in resolving labour disputes. It is emphasised that any fragments of the video recording may not be transferred to anyone without the employee’s consent. The author concludes that the Council of Europe standards enshrined in the European Convention on Human Rights, formulated in the case law of the European Court of Human Rights, and also enshrined in the Opinion of the Venice Commission have an indirect impact on the development of labour legislation through its Europeanisation.
ШУМИЛО et al. (Tue,) studied this question.