Employers process a lot of personal data on their employees. And now that many people are working from home, some employers are extra interested in ways to monitor their staff. Of course, this can be very invasive for employees. Taking their privacy into account is therefore extremely important. The works council (OR) plays a crucial role in this regard. To support the Works Council, the Personal Data Authority (AP) has created a guide: the Works Council Privacy Booklet.
This week, the AP presented the Works Council privacy booklet to the Social and Economic Council (SER). The SER's legal mission is to promote employee participation in companies and organizations.
Arrangements for processing employee personal data occur in every organization. Consider, for example, the recording of absenteeism, payroll, and data kept in personnel files.
In addition, employers may use systems aimed at - or suitable for - observing employees or monitoring their attendance, behavior or performance. These are called employee tracking systems.
Examples include camera surveillance, GPS systems in (truck) cars, wearables (such as a smartwatch) and software that records, for example, keystrokes, e-mail traffic and/or Internet use of employees.
It is important for employers to be open and clear with their employees about this. After all, being a good employer means that employers treat their employees' personal data properly. The Works Council can make a big difference here.
The Works Council has the right of consent for regulations involving the processing of employee personal data and, in particular, employee tracking systems.
To properly assess such an arrangement - potentially very radical for the workforce - it is important for the Works Council to be well prepared. And ask critical questions of the employer where necessary. The Works Council Privacy Booklet can help.
The handbook addresses the following topics:
As a works council, how do you determine whether you have the right to consent? For example, what exactly are personal data? And when is there processing?
What are the main privacy rules in the General Data Protection Regulation (AVG)? And what questions can you ask as a Works Council to check whether the employer's plans are AVG-proof?
What review questions can you ask as a Works Council if the employer plans to use an employee tracking system?
