Restrictions on Remote Surveillance in the Workplace in Portugal

By Cesar Sa Esteves and Ana Luisa Beirao

The Labour Code in Portugal forbids employers from using remote surveillance technology in the workplace for the purposes of monitoring their employees' professional performance.

There are two exceptions to this rule: the code permits the use of surveillance technology if the protection and security of people or goods are at issue or if specific demands inherent in the employee's activity justify its use.

The law allows the use of remote surveillance in the workplace if the employer wishes to prevent criminal actions or if the activity performed makes the workplace particularly and inherently hazardous for employees. To use remote systems employers must seek authorization from the National Data Protection Authority.

(LexisNexis Butterworths Employment Law Bulletin; vol 12; no. 9)