The Federal Labor Court has confirmed its case law that violations of data protection laws do not generally lead to the inadmissibility of evidence, which is obtained under such violations. The inadmissibility of evidence only comes into consideration in case the realization of such evidence interferes with the employee’s general right of privacy. Interferences with the rights of third persons are not sufficient.
Nevertheless, the decision of the Federal Labor Court points out that the employer has to evaluate possibilities and, if possible, take less intrusive measures before installing video surveillance. Otherwise, he risks that the results of such video surveillance may be inadmissible in court.