Monitoring employees
Employers may feel the need to monitor their employees. For example, when people work from home. Monitoring personnel is not always prohibited. But employers must take the privacy of their employees into account.
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People’s right to privacy applies just as much in the workplace as outside of it. Employers are, therefore, not permitted to simply monitor their employees. Here you can read what the conditions are for monitoring employees.
Quick answers
Can my employer monitor me if I work from home?
Methods to monitor you when you work from home have a major impact on your privacy. One example is special software that records what you do on your computer. Your employer must, therefore, carefully consider whether it is necessary to use such methods.
Often, your employer can also monitor you in another, less drastic way. For example, by making agreements about what you have to do on a day and how you can account for it.
Furthermore, your employer must always comply with the general conditions for monitoring employees.
Read more: Monitoring employees working from home
Can my employer place a GPS tracker in my car?
- Yes, your employer can install GPS or another track-and-trace system in a company car. This could be an on-board computer or black box. Your employer does have to comply with the conditions of privacy legislation, the GDPR. This is only permitted if it is necessary.
Furthermore, your employer must always comply with the general conditions for monitoring employees. For example, your employer must first ask the works council for approval.
- Read more: Monitoring employees with a GPS tracker
- Also read the Dutch Data Protection Authority (DPA) privacy story: Thanks to Reginald (34), everyone at the organisation can now switch off their GPS trackers.
Can my employer test me for alcohol, drugs or medicines?
No, usually that is not permitted. Jobs for which this is permitted are laid down in law. They include pilots, skippers or railway engineers.
Read more: Checking for use of alcohol, drugs or medicines
Can my employer monitor my email, Internet and telephone use?
Yes, that is permitted. Your employer may impose conditions on the use of email, Internet and business telephone at work and may also prohibit certain types of use. In that case, your employer may carry out checks.
Your employer does have to let you know what the rules are and that checks are possible. Your employer also has to comply with the conditions of privacy legislation, the GDPR.
Read more: Monitoring means of communication
Can my employer record my telephone calls?
Yes, that is permitted if necessary. For example, to improve telephone services in a call centre. You do have the right to know if your calls are being recorded. Your employer also has to comply with the conditions of privacy legislation, the GDPR.
Continuous recording of your telephone calls is only permitted if this is necessary for the provision of services, such as with telephone stock exchange orders. In that case, your employer may only use the recordings as proof of the concluded contract.
Read more: Recording telephone calls
Can my employer check my mailbox when I’m not in the office?
Yes, that is permitted if you are absent for a longer period of time. For example, due to illness or holiday. But your employer is only permitted to read your work email, not your private email. Your employer also has to comply with the conditions of privacy legislation, the GDPR. Tip: save your private email in a folder called ‘Personal’.
Read more: Checking the emails of absent employees
Can my employer monitor what I say about my work on social media?
Yes, that is permitted. But only when it concerns public information. Your employer cannot force you to accept a connection, follow or friend request or to share your login details. Your employer also has to comply with the conditions of privacy legislation, the GDPR.
Read more: Monitoring social media
Can I access my data at an organisation, or have them rectified or removed?
Yes, you can. If an organisation uses your personal data, you have a number of rights. This will ensure that you keep a grip on your personal data. These are the most important privacy rights:
- You have a right of access to your personal data.
- Does it turn out that data of you are incorrect? Or that certain data are missing? Then you can ask for rectification of your data (adjustment or addition).
- In some cases, you can also ask for erasure of data.
Do you want to know what other rights you have? Check out Privacy rights under the GDPR.
What can I do if I have a question or complaint about the use of my personal data?
Always submit your questions or complaints to the organisation that uses your personal data first. Do you have a complaint and are you and the organisation unable to work it out together? Then you can lodge a complaint with the Dutch Data Protection Authority (DPA).
