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The National Data Protection Commission (CNPD) has received several requests for clarification and guarantees that “technological solutions for remote control of teleworker performance” are not permitted by law, even considering themselves “disproportionate, violating various principles of data protection data “.
The state entity that supervises this area says, in a set of guidelines now issued, that the problems that have been raised are related to the remote control of the worker, his activity and working hours.
For example, the software that “in addition to tracking work time and downtime, records the Internet pages visited, the location of the terminal in real time, the use of peripheral devices (mice and keyboards), does not make it legal ” capture the desktop image, observe and record when access to an application starts, monitor the document you are working on and record the respective time spent on each task. “
Restrictions on privacy.
Examples of prohibited programs include TimeDoctor, Hubstaff, Timing, ManicTime, TimeCamp, Toggl, and Harvest.
Tools that, according to the CNPD, collect excessive personal data from workers, promoting work control in a much more detailed degree than what can legitimately be done in the employer’s facilities, “imposing, in practice, more obligations to workers at home than when they are in the company.
The problem is a “violation of the principle of minimizing personal data”.
The CNPD admits that the telework regime is not subject to any legislation that regulates remote control. However, “the general rule of prohibiting the use of remote surveillance means, with the purpose of controlling the professional performance of the worker, is totally applicable to the reality of teleworking”, in an “unnecessary and surely excessive restriction of privacy of the worker. ” “
The company can only set goals and record schedules
Similar reasons lead the state entity to say that “it is not allowed to impose on the worker to keep the video camera permanently on, nor, in principle, the possibility of recording conference calls between the employer (or managers) and the workers.”
Instead of using the above tools, the employer can monitor the worker’s activity “by setting goals, creating reporting obligations as often as he sees fit, or by scheduling teleconference meetings.”
However, the CNPD admits that companies can record working time at home, a need that is already acceptable by law, and can resort to “specific technological solutions in this telework regime.”
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However, the commission emphasizes that these programs must respect the privacy of the worker and should only record what had been recorded before when the work was done in the company: for example, the beginning and the end of work and a lunch break . .
If you do not have any of these programs, the employer can use means such as “the obligation to send email, SMS or any other similar form” (a phone call, for example) “that allows, in addition to controlling the availability of the worker and the Schedules demonstrate that the maximum hours of work permitted by law have not been exceeded.
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