Can an employer install cameras to monitor staff permanently?

No, an employer may not install cameras for the primary purpose of permanently monitoring employee performance or attitude. Camera surveillance in the workplace is strictly regulated by CLA No. 68 and the General Data Protection Regulation (GDPR). Permanent filming of personnel violates the principle of data minimization and is prohibited when it serves only to monitor the employee's work.

The facts: cameras against a “bad atmosphere”

In a decision by the Data Protection Authority (GBA) dated 31 October 2025 (No. 174/2025), a hospitality business was reprimanded.

After announcing that the business would be taken over, the manager noticed a change in staff attitudes. In response, on Jan. 10, 2022, the employer installed cameras that functioned permanently.

The employer had the employees sign an addendum to their contract. This stated that the cameras served to “monitor employees” attitudes toward the employer and customers“ and to avoid ”insubordination". The operator later admitted that this was partly intended as a “bluff” to calm the working atmosphere until the end of the current contracts.

The decision: violation of the GDPR

The Litigation Chamber of the DPA ruled that this practice was unlawful. The decision rests on three pillars:

• Unlawful purpose: The employer based the camera surveillance on “safeguarding its legitimate interests.” The GBA determined that this objective does not appear in the exhaustive list of permitted objectives in CLA No. 68. Merely monitoring the atmosphere is not a valid reason.
• Violation of data minimization: The cameras filmed the workers permanently. CLA No. 68 explicitly prohibits the permanent surveillance of workers for the purpose of controlling their work or behavior.
• Invalid legal basis: Although the employees had signed an addendum, the DPA ruled that this contract was invalid. After all, a contract cannot serve as the basis for processing that is prohibited by law.

The DPA decided to give the hospitality operator a formal warning for possible violation of the GDPR's purpose limitation, minimization and lawfulness provisions.

Legal analysis and interpretation

The legal basis for camera surveillance in the workplace is provided by Collective Bargaining Agreement No. 68 of 16 June 1998. This collective bargaining agreement specifies privacy rules within the employment relationship.

1. The principle of finality (purpose limitation).

Camera surveillance is subject to strict conditions. Article 4 of CLA No. 68 states that surveillance is allowed only for four specific purposes:

1. Health and safety;
2. Protecting the company's assets;
3. The control of the production process (machinery or organization);
4. Controlling the worker's labor.

The purpose “protecting the legitimate interests of the employer” (as cited in the case) does not appear in this list and is therefore unlawful.

2. The ban on permanent performance monitoring

A crucial distinction in CLA No. 68 is that between continuous (permanent) and temporary surveillance.

• Ongoing: Allowed only be for safety, health, property protection or machine control.
• Temporary: Allowed for control of workers (production process or work performance).

It follows a contrario that permanent filming of employees to monitor their performance or behavior is prohibited. The DPA confirms that permanent surveillance is disproportionate when the purpose is mere surveillance of personnel.

3. The value of consent in labor law

The employer in this case attempted to legitimize the cameras through a contractual addendum. However, the DPA ruled that the contractual legal basis cannot be invoked when the object of the contract (continuous monitoring) is prohibited by law. Moreover, employer decisions and assesments based solely on camera footage are not permitted.

What this specifically means

For employers

• Define your goal: You may install cameras to deter theft (goods). You may not use them to permanently monitor whether someone is working hard enough; that is only allowed temporarily.
• No permanent focus on personnel: If you hang cameras for security or property, they should not be primarily and permanently focused on monitoring the workers themselves.
• Procedure: You must inform the works council (or failing that, the union delegation or employees) in advance of the placement, purpose and periods of surveillance.
• Contracts: Having a clause signed does not make an illegal camera legal.

For employees

• Right to information: You should be informed about why and where filming is taking place.
• Privacy: Constant monitoring of your work performance is a violation of your privacy and CLA No. 68. Interference with your privacy should always be kept to a minimum.
• Assistance: You have the right to seek assistance from your union representative in exercising your rights.

Frequently Asked Questions (FAQ)

Can my boss hang cameras above the cash register?
Yes, this is allowed under the purpose of “protection of the company's property.” For this purpose, surveillance may even be permanent (continuous), as long as the camera is not directed excessively at the employee for other purposes.

Are hidden cameras allowed at work?
In principle, no. CLA No. 68 requires transparency and prior information. Secret camera surveillance falls under the provisions of the Criminal Code and is subject to very strict conditions.

Can my wages be determined based on camera footage?
Camera footage should never be the sole basis for employer assessments. If cameras are used for wage determination (measurement of performance), additional procedural rules apply through the Law establishing employment regulations.

Conclusion

The line between security and control is strict. The DPA's recent ruling confirms that permanent camera surveillance is reserved exclusively for security and property protection, and should never serve as a tool for permanent personnel control. Employers in Belgium must strictly respect the finalities list of CLA No. 68.