5 Monitoring a place the law keeps private

For HR and counsel: Does this practice watch or listen to anyone in a toilet, change room, shower, break room or other place the law of this location keeps free of it, and can it be removed or re-aimed?

• Places kept privatestatutory requirement not allowed hereNo surveillance of employees in a change room, toilet, shower or other bathing facility at a workplace. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) NSW WSA s 15
• Places kept privatestatutory requirement not allowed hereNo surveillance in a toilet, change room, shower or bathing facility, parent or nursing room, prayer room, sick bay or first-aid room. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas, lactation, nursing or parent rooms, prayer rooms and first-aid rooms or sick bays) ACT WPA s 41
• Places kept privatestatutory requirement not allowed hereNo camera or listening device in workplace toilets, washrooms, change rooms or lactation rooms, whether or not the workers consent. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and lactation, nursing or parent rooms) Vic SDA s 9B
• Places kept privatestatutory requirement not allowed hereNo electronic surveillance device or system, sound recording or CCTV included, to record or monitor employees in areas for their health or personal comfort or for safeguarding their possessions, such as rest rooms, locker rooms or lounges. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and break rooms or staff lounges) Conn. Gen. Stat. 31-48b(b)
• Places kept privatestatutory requirement not allowed hereNo video recording of an employee in a restroom, locker room or room set aside for changing clothes unless a court order allows it; a camera outside the room whose field of view reaches inside is caught, and footage made against the section is not used for any purpose. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) NY Labor Law s 203-c(1)NY Labor Law s 203-c(2)
• Places kept privatestatutory requirement not allowed hereNo imaging device installed or used to covertly view, broadcast or record a person in a changing room, fitting room, restroom, toilet, bathroom, washroom or shower, or a person dressing or undressing, without their knowledge or agreement, with a rebuttable presumption that the device had no legitimate purpose. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) NY Penal Law s 250.45(3)NY Penal Law s 250.45
• Places kept privatestatutory requirement not allowed hereNo sound recording or video surveillance in places for workers' rest or leisure, such as changing rooms, toilets and canteens. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and break rooms or staff lounges) LOPDGDD Art. 89
• Places kept privatestatutory requirement not allowed hereNo image of a person in a room specially protected against view (a changing room, toilet, treatment room or sauna) created or transmitted without authorisation where it reaches into their most personal sphere of life; the legitimate-interest exception of the section does not apply to this offence. A criminal provision, read beside the BDSG lines. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and first-aid rooms or sick bays) StGB s 201a(1) no. 1
• Places kept privatestatutory requirement not allowed hereNo audio or video recording of an employee in a restroom, locker room or room set aside for changing clothes unless a court order allows it; the duty is on causing the recording, so a camera or microphone a contractor, landlord or security vendor installed at the employer's request is reached too, and a recording made against the section is not used for any purpose. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) Cal. Lab. Code s 435(a)Cal. Lab. Code s 435(b)
• Places kept privatestatutory requirementFrom the day Part 5.8 takes effect: no workplace surveillance tool of any kind (video, audio, location, badge logging, wearables, time tracking) monitors employees in a workplace bathroom, save a court order and one-time entry and exit checks; employees may leave a tool they carry outside the room, and a badge or alarm they must carry captures no audio or video and carries no embedded AI. (where it covers toilets or washrooms and showers or bathing areas) Cal. Lab. Code s 1560Cal. Lab. Code s 1560
• Places kept privatestatutory requirement not allowed hereNo fixing, recording or live transmission of the image of a person in a private place (a changing room, a private office, any place not open to the public) without their consent where it is done to reach into their private life; consent is presumed only where the filming was open and the person could object. A criminal provision, read beside the CNIL pages. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) Code penal art. 226-1 (2)Code penal art. 226-1
• Places kept privateofficial guidance, not law guidance says noToilets and changing rooms only in the most exceptional circumstances. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) ICO video guidance P.3 official guidance, not law
• Places kept privateofficial guidance, not law guidance says noNo cameras in sanitary facilities; rest areas are where people expect not to be watched. (where it covers toilets or washrooms, showers or bathing areas, change or locker rooms and break rooms or staff lounges) EDPB video guidelines para 3.1.3.2 official guidance, not law
• Places kept privateofficial guidance, not law guidance says noLimits by place: never in sensitive areas such as places of worship, sanitary facilities and break rooms. (where it covers toilets or washrooms, showers or bathing areas, change or locker rooms, break rooms or staff lounges and prayer rooms) WP249 para 3.1.1(d) official guidance, not law
• Places kept privateofficial guidance, not law guidance says noCameras do not film break or rest areas, toilets, or union and staff representative premises. (where it covers toilets or washrooms, showers or bathing areas, change or locker rooms and break rooms or staff lounges) CNIL guidance VID-3 official guidance, not law
• Places kept privatestatutory requirement not allowed hereNo device observing, recording or eavesdropping in a private place without the consent of those entitled to privacy there. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and lactation, nursing or parent rooms) MCL 539d(1)(a)

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