Potential listening-in by others: implications explored.
Joining a work video call in a café, on a train, or at the playground can be tricky as onlookers may accidentally overhear or partake in the conversation, even with headphones. What are the risks and what should you keep in mind?
"The key lies in the content of the discussion," explains Jakob T. Lange, an employment law specialist in Wiesbaden.
When the participants in a professional conversation can be seen by others, data protection laws, like the General Data Protection Regulation (GDPR), becomes relevant. In such cases, it's essential to secure the consent of all parties involved. It's also crucial to make other parties aware that their conversation may be visible to third parties.
Discussions involving personal data can be problematic. Mentioning names could fall under the purview of data protection as personal information. Therefore, it is advised to avoid conversations about employees' vacation plans, parental leave, or salary increases in public settings like trains where they can be overheard or potentially even seen. The disclosure of such personal data without an employee's consent for public discussion is especially troubling.
Employers frequently have data protection regulations or information security guidelines for employees, particularly when working remotely. These may include provisions such as screen protectors or software solutions that safeguard sensitive business data from the prying eyes of bystanders.
Violating an employer's data protection regulations can lead to employment law consequences, depending on the specific circumstances. Sanctions can range from a warning to immediate termination.
Failure to adhere to confidentiality clauses outlined in the employment contract may also legitimate a typical or extraordinary termination of the employment relationship. In certain cases, there might even be a claim for damages.
Jakob T. Lange is a specialist in employment law and a member of the executive committee of the employment law working group at the German Bar Association (DAV).
Considerations for Data Privacy in Public Settings
- Public vs. Private Spaces: Public spaces do not typically offer privacy, meaning recording or filming others is often permitted, subject to local laws. However, sensitive information should still be discussed in a more private environment.
- Encryption: Ensure that your video conferencing platform uses encryption during data transmission and storage. Many platforms, such as Zoom, provide this feature.
- Data Retention: Understand the platform's retention policies regarding recordings. Users often have the power to control if data is saved for later playback.
- Consent and Notification: Obtain consent from all parties involved in the call, and inform others around you in the public space that you are on a video call.
- Legal Compliance: Familiarize yourself with local privacy laws and regulations regarding public recordings, as these can vary significantly.
By staying informed about these factors, you can make informed decisions and prioritize data protection during professional video calls in public spaces.
- In a public space where privacy is not ensured, it's essential to avoid discussions that may involve personal data to prevent potential breaches of data protection regulations, such as mentioning employee's vacation plans, parental leave, or salary increases, as they can be overheard or even seen.
- In the context of education-and-self-development, technology, and general-news discussions, choosing a private environment over public spaces can help maintain confidentiality and avoid any unintended risks associated with data privacy breaches.
