Can an employer monitor an employee through cameras?

Workplace monitoring – can you observe an employee through cameras?

Under Article 22² § 1 of the Labour Code, an employer has the option to install monitoring and record images at the place where employees perform their work duties, if this is necessary to:

• ensure the safety of employees,

• protect property,

• oversee production,

• keep confidential information secret, the disclosure of which could cause harm to the employer.

If even one of the above conditions is met, there is nothing to prevent the installation of video monitoring at the workplace, as well as observing employees through cameras. In the absence of real and documented grounds for this, monitoring cannot be installed at the workplace.

The manner of using monitoring is established in a collective bargaining agreement or in the work regulations

From the perspective of both the employer and employees, it is extremely important that the specifics of the installation and the purpose of workplace monitoring be established in advance within a collective bargaining agreement or the adopted work regulations. When the employer is not covered by a collective bargaining agreement or work regulations, information about the monitoring is provided in an announcement. Moreover, once the entire procedure, guidelines and restrictions have been prepared, all information should be included in an announcement that reaches every employee. To this end, it is worth conducting an information campaign (e.g., an email mailing, notices posted in corridors or the canteen, etc.).

Where can cameras not be installed?

Video monitoring cameras at the workplace may not be installed in places that would violate employees' privacy. Accordingly, they are not placed in: locker rooms, canteens, dining rooms, smoking rooms or restrooms. All of this is to ensure employees' comfort and sense of privacy where they need it. Installing cameras in such locations would infringe on employees' fundamental rights to privacy.

IMPORTANT: In exceptional circumstances, an employer may place cameras in the aforementioned locations, but only when it is deemed necessary and, at the same time, it does not violate the employee's dignity or other personal rights. For this type of camera, special tools and techniques are used, among other things, that make it impossible to personally identify a given person.

How long can workplace monitoring data be stored?

Workplace monitoring data may be stored for a maximum of 3 months. An exception applies to recordings that serve as evidence in ongoing court proceedings. All data recorded by video cameras is subject to the GDPR (RODO) and requires appropriate protection, including protection against access by unauthorised persons or destruction.

Who can review workplace monitoring?

Access to the monitoring and to monitoring recordings at the workplace is held primarily by the employer. It may also be obtained by other persons formally authorised by the employer, most often:

• security staff,

• IT department managers,

• managers.

An employee may also, upon request, obtain access to a recording if the recording directly concerns them. The police and other services are also entitled to review monitoring recordings within the scope of ongoing cases and proceedings.

Furthermore, reviewing monitoring recordings must be justified. It may only be done for purposes related to safety, protection of property or oversight of production. In doing so, applicable regulations, including the GDPR (RODO), must always be strictly observed.

Penalising an employee based on monitoring – is it legal?

Under the law, an employer may penalise an employee based on monitoring recordings. This applies only to justified situations where it harms the company's property and resources or safety at the workplace. For example, recordings may serve to prove that an employee is guilty of:

• persistent lateness (this is generally not applied in isolated cases),

• inappropriate behaviour, e.g. offences against good conduct at the workplace,

• failure to follow safety procedures.

On this basis, the following may be imposed on the employee: a reprimand, a financial penalty, an obligation to undergo additional training. In extreme cases, a monitoring recording may constitute grounds for terminating the employment contract due to the employee's fault.

Workplace monitoring is not a tool for constant control

Above all, workplace monitoring should not be used as a tool for constant control over employees. Grounds for challenging the justification of installing monitoring, or even its legality, may include:

• excessive or invasive monitoring,

• pointing cameras directly at a specific employee without justification,

• a lack of a clear purpose or of information for employees,

• using monitoring as the primary tool for assessing the performance of individual employees.

Therefore, use video monitoring as a security system that improves working conditions and comfort, and not as a tool for the intrusive and permanent control of employed persons.

Sources:

• Wojciech Napora, Monitoring w pracy, https://zielonalinia.gov.pl/monitoring-w-pracy/ (accessed 11.02.2026)

• Monitoring w miejscu pracy - przepisy, prawa i obowiązki pracodawcy, https://sosnowiec.praca.gov.pl/strona-glowna/-/asset_publisher/Qat7ebECUfDp/content/24623270-monitoring-w-miejscu-pracy-przepisy-prawa-i-obowiazki-pracodawcy (accessed 11.02.2026)