Privacy protection
An employer may only process an employee’s personal data that is directly necessary for the employee’s employment relationship. This data must primarily be collected directly from the employee.
Drug screening tests
An employer may require drug screening tests during recruitment if this has been recorded in the workplace’s substance abuse programme and if it has been processed in the co-operation negotiations. An employer must have a proven basis for the testing, found in the Data Protection Act.
Drug testing during the employment relationship requires a well-founded suspicion of drug use during working hours, for example.
Camera surveillance
Employers are allowed to perform camera surveillance in the facilities in their use to ensure the safety of their employees, others using the premises and their assets, within the limitations of the law.
Use of camera surveillance has been defined in the Act on the Protection of Privacy in Working Life and requires processing through the co-operation negotiations. Camera surveillance must not intervene with employee’s privacy more than necessary. The workplace must have signs of the surveillance.
Credit information
An employer also has the right to access an employee’s credit information, for example if their work usually includes unsupervised work in a private home. An employee must be informed if reviewing their credit information is part of the job. The employer is liable for the costs of the review.
In exceptional situations, the employer has the right to retrieve and open messages pertaining to them in the employee’s email inbox. However, this can only be done if the legislated prerequisites are met. A written review of viewing the emails must be given to the employee without delay.
Health information
Information pertaining to health can only be processed by people who take part in decisions related to the employment relationship based on this data. Occupational healthcare services cannot disclose the health information to the employer; they can only state whether the employee is suited to the job.