Czech RepublicLabour Code (Act No. 262/2006), Section 316(2) and (3), Monitoring of Employees' Calls and Electronic Mail
Zákon č. 262/2006 Sb. zákoník práce, § 316 odst. 2 a 3
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- If you are an employer, do not intrude on an employee's privacy by open or secret monitoring, by interception and recording of the employee's telephone calls, or by checking the employee's electronic mail, unless a serious reason lying in the special nature of your activity justifies it.NIST Privacy FrameworkCT.PO-P1
- Where such a serious reason justifies those control mechanisms, inform the employee directly about the scope of the control and the ways it is carried out.NIST Privacy FrameworkCM.AW-P1
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- What is a "závažný důvod spočívající ve zvláštní povaze činnosti zaměstnavatele" under Section 316(2) of the Labour Code that allows an employer to record an employee's telephone calls or check an employee's electronic mail?
What this law does
Section 316(2) bars an employer, without a serious reason lying in the special nature of its activity, from intruding on an employee's privacy at the workplace and in the employer's shared premises by open or secret monitoring, by interception and recording of the employee's telephone calls, by checking electronic mail, or by checking postal items addressed to the employee.
Where such a serious reason exists and justifies introducing these control mechanisms, Section 316(3) requires the employer to inform the employee directly about the scope of the control and the ways it is carried out.
When LexLint raises it
When your app profile says your app records calls, records text chat or processes voice recordings.