Menu

Filter by
content
PONT Data&Privacy

0

Can my employer require me to provide a fingerprint?

Autoriteit Persoonsgegevens October 13, 2021

ANSWER

Your employer may ask you to provide a fingerprint. For example, for access control. Sometimes you are required to give up your fingerprint, sometimes not. It depends on whether the processing of your fingerprint is necessary.

Consideration of necessity
Your employer must therefore first consider whether identification with biometric data is necessary. This means that your employer must consider whether buildings and information systems need to be so well secured that this cannot be done other than by using (only) biometrics. 

Your employer may have a need to use your fingerprint to identify you in certain cases. For example, if you use your fingerprint to access a place with a high security risk. Such as a nuclear power plant. In that case, the use of the fingerprint must be necessary for this purpose. That is, your employer cannot achieve the purpose, in this case access control, in any other way.

Is there no way that is less invasive to employee privacy, such as use of an access card? Only if your employer cannot achieve the goal by other means is there a need.

Consent does not apply
Note: Does your employer have no need? But instead asks you for permission to process your fingerprint? It may not. This is because you are dependent on your employer, so not in a position to refuse.

Secure fingerprint
Does your employer have a need? Then he may use your fingerprint only if he does not store your fingerprint itself, but stores it in the form of an encrypted code. This code allows your employer to verify that it is you. No one can deduce your fingerprint from such a code. Your employer is also required by law to properly secure the system that stores the code in this way.