Phase
The Danish Act on TV-Surveillence (Consolidation Act no.182 of 24/02/2023)
Native name
Bekendtgørelse af lov om tv-overvågning (LBK nr 182 af 24/02/2023)
Type
Employee monitoring and surveillance
Added to database
20 December 2023

Article

Bekendtgørelse af lov om tv-overvågning LBK nr 182 af 24/02/2023 (Especially §3 and §3A regarding surveillance at workplaces)


Description

This law (LBK nr 182 af 24/02/2023) regulates surveillance camera usage in Denmark and has been amended several times, most recently by Law No. 802 on June 9, 2020.

Regarding surveillance of employees at workplaces the law stipulates in §3 and §3a that: It is permissible for companies to monitor their employees, as long as they are notified of this. However, the purpose of the monitoring must not be to monitor the employees' efficiency, which is why it must only function preventively or to document break-ins, theft or the like.

Other key points of the law include:

General Prohibition on Private Surveillance: Private individuals are prohibited from conducting surveillance of public areas used for ordinary traffic, unless there is a legally specified exception.

Exceptions to the Prohibition: Certain exceptions permit surveillance of specific areas such as gas stations, factory premises, and other business areas, if conducted by the owner and necessary for crime prevention.

Police Permissions: The police can grant permissions for residential areas, sports facilities, and other private or public entities to conduct surveillance for crime prevention purposes.

Municipal Authority for Surveillance: Municipalities can, after discussion with the police director, conduct surveillance to enhance safety in public places.

Registration of Surveillance Equipment: Private and public entities must register their surveillance cameras in the police register (POLCAM).

Information Duty: Entities conducting surveillance must provide clear information through signage or other means.

Data Protection Authority Oversight: The Data Protection Authority oversees the processing of personal data in connection with surveillance.

Penal Provisions: Violations of the law can be penalized with fines or imprisonment, and there are also provisions regarding the disclosure of recordings and data storage.

The law has been amended several times to adapt to developments and strengthen security and safety in society.


Commentary

.


Additional metadata

Cost covered by
Not available
Involved actors other than national government
Court National government
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Citation

Eurofound (2023), Denmark: Employee monitoring and surveillance, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/denmark

Download as PDF