Romania
the obligations related to the processing of personal data. Processing of personal data in the context of employment relationships Where monitoring systems by means of electronic communications and/or video surveillance are used at the workplace, the processing of personal data of employees for the purpose of the legitimate interests pursued by the employer is only permitted if the following conditions are met: a) Balancing of Interests: The legitimate interests pursued by the employer must be duly justified, and these interests must outweigh the interests, rights, and freedoms of the data subjects (employees). b) Full and Explicit Prior Information: The employer is required to provide employees with comprehensive and explicit information before initiating the monitoring systems. This ensures transparency regarding the purpose and scope of the data processing. c) Consultation with Trade Union or Representatives: Prior to implementing monitoring systems, the employer must consult with the trade union or, where applicable, employees' representatives. This consultation is a crucial step in obtaining input and feedback from the workforce. d) Exploration of Less Intrusive Alternatives: The employer must demonstrate that other, less intrusive methods of achieving the intended purpose have been considered and
proven ineffective. This underscores the importance of exploring alternatives before resorting to more invasive monitoring systems. e) Proportionate Duration of Data Storage: The duration for which personal data is stored must be proportionate to the purpose of processing. Generally, this should not exceed 30 days, unless specific situations provided for by law or duly justified cases necessitate a longer storage period.
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