MD019Monitoring outside working hours

Observation continuing when the person is not at work.

Control	Jurisdiction	Source	What it establishes	Prerequisite or recommendation
MD019/CoEMandatory	Council of Europe	Florindo de Almeida Vasconcelos Gramaxo v. PortugalEuropean Court of Human Rights, Fourth Section · read 11 Aug 2026	That geolocation of a company vehicle, inside and outside working hours, did not violate article 8 on the facts, by four votes to three.	Observation running through and beyond working hours has survived on its facts, which does not settle that it survives on any others.
Recommended	European Unionwhere written	Opinion 2/2017 on data processing at work (WP249)Article 29 Data Protection Working Party · read 11 Aug 2026	That consent is rarely a valid ground in employment, and how legitimate interests are weighed against privacy across nine scenarios of workplace monitoring.	The balance covers technology used outside the workplace as well as inside it, so continuing after hours does not fall outside the assessment.