HungaryLabour Code Section 11/A, Monitoring of Employees and Employer-Provided Devices
2012. évi I. törvény a munka törvénykönyvéről (Mt.), 11/A. §
In force since .
A data subject rights rule binding private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- If you monitor an employee's conduct in connection with the employment by a technical means, inform the employee of it in writing in advance (Labour Code Section 11/A, paragraph 1).
- Check only employment-related data stored on the device the employee uses for the employment, which includes the data needed to verify that a device you provided is used only for the employment unless otherwise agreed (Section 11/A, paragraphs 2 to 4).
- Apply the same limit to an employee's own device that the employee uses for the employment by agreement (Section 11/A, paragraph 5).
What this law does
An employer may monitor an employee's conduct in connection with the employment, including by technical means, and must inform the employee in writing in advance of any technical means used. Unless otherwise agreed, an employee may use an IT device or system that the employer provides for the work only for the employment. In a check, the employer may look at employment-related data stored on a device used for the employment.
Data needed to check compliance with the restriction on use count as employment-related data. The same applies where, by agreement, the employee uses their own device for the employment.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes biometric data or processes voice recordings.