An employer requires staff to accept workplace CCTV monitoring as a take-it-or-leave-it condition of keeping their jobs and treats that acceptance as GDPR consent. Why is that approach typically problematic?
Select an answer to reveal the explanation.
Short Explanation
When saying "no" costs your paycheck, "yes" is not really free. Employment creates a power imbalance, so consent for monitoring is often shaky. Controllers usually need a better Art. 6 basis and careful necessity analysis—not a forced tick-box.
Full Explanation
GDPR consent must be freely given. Recital 43 and EDPB guidance highlight that a clear imbalance—such as employer versus employee—can undermine freeness when refusal has negative consequences. Consent is not categorically banned in employment, but it is often inappropriate for mandatory monitoring. Adequacy decisions govern international transfers, not domestic CCTV lawfulness, and Works Council arrangements do not by themselves cure an invalid consent construct.