Data protection and works council

An inspection robot with a camera collects personal data as soon as people can appear in the picture. On company premises this is practically always the case. The General Data Protection Regulation therefore applies – not as a formality at the end of the project, but as a prerequisite for commissioning.

This section covers the data protection side and the works council co-determination side. Both together, because both fail together.

The most common project stopper is not the supervisory authority but the works council. Under Section 87(1) no. 6 BetrVG (German Works Constitution Act), the introduction of technical devices that are suitable for monitoring the conduct or performance of employees is subject to enforceable works council co-determination. Objective suitability is sufficient to trigger this right – a corresponding intention is expressly not required. A robot with a camera that moves independently readily meets this condition. Without a works agreement it may not be put into operation.

Under data protection law, the first question is the legal basis, and usually also that of a data protection impact assessment under Art. 35 GDPR. The European Data Protection Board's Guidelines 3/2019 on video surveillance are the authoritative interpretative framework here – but they are tailored to stationary installations. For mobile systems with changing recording areas, this raises practical questions, for example regarding the duty to inform.

Then there is the question of where data flows. Many systems transmit telemetry or diagnostic data to manufacturer servers. If these are located outside the EU, the rules on transfers to third countries apply – and for countries without an adequacy decision the effort is considerable. We show how this can be defused technically by operating without an external connection.

Those who tackle these issues early lose a few weeks. Those who put them off lose projects.

Starting point: Data protection and works council co-determination in the use of inspection robots – with a checklist and the right sequence within the project.