4 ms·

We are obviously not talking about positions where recordings are normal and obviously necessary. And parent also specifically did mention that consent is requi

by onli 3y ago

We are obviously not talking about positions where recordings are normal and obviously necessary. And parent also specifically did mention that consent is required, thus not freely given, and thus not legal.

withinboredom 3y ago
“Normal” and “necessary” are subjective and cultural. They are not set in stone or even objective.
- onli 3y ago
  Judges are quite used to take this into consideration.
  - withinboredom 3y ago
    So we are on the same page then. It’s perfectly reasonable to record all meetings at work.
    - onli 3y ago
      Hey, spare me the bullshit. You know fully well that we are not on the same page. Recording all meetings at work by default for a regular office job is illegal and you have no chance to win the process if any employee sues in Germany. And that would be a costly loss, by the way. You might actually go to jail. See https://www.anwalt.de/rechtstipps/verboten-video-konferenzen-aufzeichnen_186059.html https://www.anwalt.de/rechtstipps/verboten-video-konferenzen....
      - withinboredom 3y ago
        This is video calls. Maybe we are talking about different things? I was thinking an audio recording of a real life meeting in a real life office. In that case, I’d expect it to be clear meetings were being recorded and well known. If you don’t want to be recorded, register issues you want brought up in the meeting with someone else in the meeting and just don’t speak or don’t go. In your article (English translation): > Documentation by recording is only permissible without voluntarily declared consent if the interest in the recording outweighs the interest in the data protection of the recorded persons This is a high bar in Germany, but certainly attainable in some situations. I suspect it is highly contextual.
        onli 3y ago
        Fair enough :) My work reality did not factor that possibility in. I don't think it would change all that much. It might make it easier to justify the measure, but you would still have high bars to claim. In the end it would still be an unusual recording, which might negatively impact employees privacy and in a work context lead to conflict. As it is completely possible and way more common to just have text documentation, logs and meeting outcomes, I really am quite confident that even just a regular voice recording of meetings in a real office would not stand in court. Also, "it's part of our process and employees have no say in it" as in parent's comment would be without any doubt not legal. Given the requirements you now saw I think we can agree on that now :)

by onli 3y ago

withinboredom 3y ago

“Normal” and “necessary” are subjective and cultural. They are not set in stone or even objective.

onli 3y ago
Judges are quite used to take this into consideration.
- withinboredom 3y ago
  So we are on the same page then. It’s perfectly reasonable to record all meetings at work.
  - onli 3y ago
    Hey, spare me the bullshit. You know fully well that we are not on the same page. Recording all meetings at work by default for a regular office job is illegal and you have no chance to win the process if any employee sues in Germany. And that would be a costly loss, by the way. You might actually go to jail. See https://www.anwalt.de/rechtstipps/verboten-video-konferenzen-aufzeichnen_186059.html https://www.anwalt.de/rechtstipps/verboten-video-konferenzen....
    - withinboredom 3y ago
      This is video calls. Maybe we are talking about different things? I was thinking an audio recording of a real life meeting in a real life office. In that case, I’d expect it to be clear meetings were being recorded and well known. If you don’t want to be recorded, register issues you want brought up in the meeting with someone else in the meeting and just don’t speak or don’t go. In your article (English translation): > Documentation by recording is only permissible without voluntarily declared consent if the interest in the recording outweighs the interest in the data protection of the recorded persons This is a high bar in Germany, but certainly attainable in some situations. I suspect it is highly contextual.
      - onli 3y ago
        Fair enough :) My work reality did not factor that possibility in. I don't think it would change all that much. It might make it easier to justify the measure, but you would still have high bars to claim. In the end it would still be an unusual recording, which might negatively impact employees privacy and in a work context lead to conflict. As it is completely possible and way more common to just have text documentation, logs and meeting outcomes, I really am quite confident that even just a regular voice recording of meetings in a real office would not stand in court. Also, "it's part of our process and employees have no say in it" as in parent's comment would be without any doubt not legal. Given the requirements you now saw I think we can agree on that now :)