Customers and employees of one pharmacy chain recorded at the windows. The RPO is looking into the matter

Pharmacy and medicine-related portals have reported numerous complaints from pharmacists and pharmacy technicians, former or current employees of one of Poland's largest pharmacy chains. They claim that in addition to video surveillance, microphones have been installed in the chain's pharmacies. These are to record both employees and customers at each window. According to the information provided, patients were not informed that their visits to the pharmacies were being recorded.

One former employee recounted that when she signed her employment contract, she was also given two consents to sign: for video recording and audio recording. However, she only received a copy of the employment contract, and learned about where the microphones were mounted from other employees. Management did not inform her of the reasons for recording, or what happens to the recordings afterwards.  

The information provided also shows that neither pharmacists nor pharmacy managers had access to the video surveillance recordings and microphones. Every few weeks, on the other hand, each employee received a named evaluation and guidelines from the coordinator. This was because the pharmacy chain placed great emphasis on selling substitutes, dispensing drugs in smaller packages for seniors (S-list drugs in smaller packages are subject to higher reimbursement) and private label brands. Employees were required to utter a set formula each time. 

Probably behind the sales analysis and most likely after listening to the recordings was a disciplinary conversation with the employee. After recording a private conversation of female employees, one of them was denied leave.

These reports indicate that the problem has been known for a long time, but official action has not been taken for lack of a relevant complaint - as all information was passed anonymously.

As the ROP points out, the case concerns the right to privacy covered by the constitutional guarantee (Article 47 of the Polish Constitution). It concerns, among others, those who practice the profession of pharmacist, related to professional secrecy. The patient, in turn - according to the Law on Patients' Rights and the Patients' Ombudsman - has the right to have information related to him or her, and obtained in connection with the exercise of the medical profession, kept confidential by medical professionals, including those providing health services. Confirmation of this right is found in Article 34 of the Law on the Pharmaceutical Profession.

The article also shows that there may have been a violation of workers' rights under the Labor Code. According to Article 22 [2} of the Labor Code, if it is necessary to ensure the safety of employees or the protection of property or the control of production or the preservation of the secrecy of information, the disclosure of which could expose the employer to harm, the employer may introduce special surveillance of the premises of the workplace or the area around the workplace in the form of technical means for recording images. Video surveillance may not cover sanitary rooms, locker rooms, canteens and smoking rooms, unless this is necessary to ensure security and secrecy.

The Ombudsman asks the NRA president what has already been done to clarify the case, and whether the President of the Data Protection Authority and the State Labor Inspectorate have been notified.

Source: RPO