Potential privacy concern: Listening in on private conversations.
Hopping on a work call in public spaces such as cafes, parks, or trains can be tricky due to the potential for others to overhear or catch a glimpse. Even with headphones, there's always the chance of accidentally broadcasting sensitive information. So, what's a professional to do?
"It's a tricky situation, and it heavily depends on the nature of the conversation," explains Jakob T. Lange, an expert employment lawyer in Wiesbaden.
If the discussion involves people that can be seen by outsiders, the General Data Protection Regulation (GDPR) comes into play. This EU regulation states that all parties involved must consent to being observed, and other parties should be informed if they might be seen or heard.
Discussing personal data, even mentioning names, can pose privacy issues. After all, any piece of personal information counts as data under the GDPR.
Lange suggests that in certain situations, it's best to avoid discussing topics like employee vacation plans, parental leave, or salary increases in public spaces, especially if personal data is shared without explicit consent.
Consequences of Violations
It's not just personal data that could cause problems. Company data can also be sensitive, and there's often a confidentiality clause in employment contracts that forbids the disclosure of non-public business matters.
To prevent data breaches, employers often provide their staff with data protection regulations and information security guidelines. These guidelines may include the use of privacy screens or software solutions to safeguard screen content from prying eyes.
Ignoring these guidelines can lead to employment law repercussions ranging from warnings to immediate termination, depending on the circumstances. Breaching confidentiality clauses could even justify ending the employment contract and potentially lead to liability for damages.
About the person: Jakob T. Lange is a specialist lawyer for employment law and a member of the managing committee of the Employment Law Working Group in the German Bar Association (DAV).
Sensitive work-related conversations in public areas need careful consideration to preserve both data privacy and employment law compliance. Violations can result in legal, financial, and reputational consequences. It's crucial to establish clear guidelines and train employees on data protection and privacy expectations.
Key Considerations
- GDPR Compliance: Adhere to the General Data Protection Regulation to ensure proper handling and disclosure of personal data during video calls.
- Data Minimization: Prioritize discussing only the necessary information to reduce the risk of data breaches.
- Technical Measures: Implement appropriate technical and organizational measures to protect personal data and maintain confidentiality during video calls.
- Employee Privacy: Respect employees' right to privacy, securing their consent before discussing sensitive information.
Potential Consequences
- Data Breaches: Discussing sensitive topics in public areas increases the risk of data breaches and potential GDPR violations.
- Regulatory Penalties: Non-compliance with the GDPR could lead to fines and investigations.
- Reputation Damage: Unauthorized data disclosure can harm an organization's reputation.
- Loss of Trust: Repeated lapses in data protection can damage the trust between employees and clients.
Best Practices
- Avoid discussing sensitive topics in public or shared spaces.
- Inform all participants if a call is being recorded or transcribed.
- Use secure, GDPR-compliant video conferencing tools.
- Train employees on data protection and privacy expectations.
- Establish clear remote work policies regarding video calls.
Failing to address these considerations can lead to severe legal, financial, and reputational consequences.
In light of the General Data Protection Regulation (GDPR), discussions involving people visible to outsiders must adhere to the consent of all parties and inform others if they may be heard or seen. (GDPR Compliance)
Ignoring guidelines and confidentiality clauses in employment contracts can lead to employment law repercussions, ranging from warnings to termination, or even justification for ending the employment contract and potential liability for damages. (Consequences of Violations)
