Employee Data Privacy

Employee Data Privacy is one of the most sensitive aspects of employment relations. Companies often mistakenly believe that employees have no expectation of privacy during working hours and in the workspace. Georgian legislation and the practice of the Personal Data Protection Service clearly indicate that employer monitoring must be strictly balanced with employee rights. Any form of surveillance — whether video cameras, audio recording, computer activity logging, or GPS tracking — requires a legitimate purpose and prior notification of the employee.

The use of biometric data (fingerprints, facial recognition systems) for time and attendance tracking is a particularly complex issue. In many cases, this practice is considered a violation of the law because less intrusive alternatives exist (e.g., cards). Legal.ge offers access to experts who will help you balance the company's security interests with employees' privacy rights to avoid labor disputes and fines.

What does the Employee Data Privacy service cover?

The service covers the legal regulation of HR and IT department activities:

• Development of Monitoring Policy: Creating a document defining how and why the company monitors employees (video, internet, phone).
• Employee Notification Forms: Preparing mandatory warning texts signed by the employee.
• Assessment of Biometric Systems: Checking the legality and analyzing risks of implementing fingerprint or FaceID systems.
• Candidate Data Management: Drafting rules for storing and destroying resumes received during the recruiting process.
• Confidentiality in Employment Contracts: Integrating data protection clauses into employment contracts.
• DLP (Data Loss Prevention) System Audit: Defining the legal framework for using data leak prevention software (e.g., email filtering).

Common Real-World Scenarios

Violations often occur in the following situations:

• Video Surveillance: A camera films an employee's desk or monitor so the manager can check if they are working. This is prohibited unless there is a specific justification (e.g., handling cash).
• Audio Recording: Microphones are installed in the office. Audio recording is allowed only in exceptional cases where the security interest is very high.
• Personal Emails: An employer reads a personal email received on an employee's corporate account. Employees have the right to privacy at work unless previously warned about monitoring.
• Criminal Record Certificate: A company requests a criminal record certificate for a position where it is not mandatory by law (e.g., a cleaner).

Legal Framework: Balancing Interests

The Labor Code of Georgia prohibits restricting human rights in employment relations. The Law on Personal Data Protection establishes that data processing must be adequate and proportionate. Employers must always choose the method of control that least restricts the employee's private life. The Personal Data Protection Service has extensive practice in fining employers, especially regarding video surveillance and biometrics.

Step-by-Step Service Process

1. Audit: Inspecting the office to check camera placement.
2. Documentation Revision: Updating internal labor regulations.
3. Technical Consultation: Working with the IT department on monitoring system configuration.
4. Implementation: Introducing new rules to employees.

Why choose a specialist on Legal.ge?

Violating employee privacy leads not only to fines but also to loss of trust within the team and staff turnover. Lawyers on Legal.ge will help you create a transparent and fair work environment where both business interests and the dignity of each employee are protected. Act legally and prevent internal conflicts.