Thyssenkrupp Fined €15,000 for Unlawful 2-Year Employee Surveillance
Thyssenkrupp has been ordered to pay €15,000 in compensation to an employee unlawfully monitored by 34 video cameras for nearly two years at a steel block manufacturing plant. The Higher Labor Court in Hamm ruled that the extensive surveillance, including break times, violated the worker's privacy rights and data protection laws.
The plaintiff, who worked mainly at a scalping machine, was constantly monitored by the company. The surveillance extended to his workstation, movements around the 15,000 square meter production hall, warehouse, connecting corridors, and even office rooms. The company used HD technology with zoom and real-time access, capturing the employee's activities for 22 months.
Thyssenkrupp justified the surveillance to protect against theft and vandalism, ensure workplace safety, track machine failures, and monitor material handling. However, the court criticized the company's vague claims and noted that monitoring the external area would have been sufficient for many purposes. The plaintiff felt significant performance and adjustment disorder due to the constant observation, with the managing director questioning employees about their break times. Despite legal objections, the defendant continued the disproportionate surveillance.
The Higher Labor Court in Hamm ruled that the extensive video surveillance was unlawful and did not comply with GDPR and BDSG requirements. The court deemed the general data processing clause in the employment contract invalid due to lack of voluntariness and instruction on the right to withdraw consent. The plaintiff was awarded €15,000 in financial compensation for the duration of the observation, the use of HD technology, and the creation of high adjustment pressure.
