Privacy in the workplace
Some frequently asked questions about privacy in the workplace
Everyone has a right to privacy, also on the shop floor. Camera surveillance is a far-reaching invasion of privacy and may only be used in special circumstances and under strict conditions. We therefore advise you to have a privacy protocol in place for this situation (such as a camera surveillance protocol or an email/Internet security protocol). The use must be in line with one of the previously described purposes for camera use. As an employer, you must also have a legitimate interest that outweighs the privacy interests. In addition, the Works Council must give its prior consent and, in many cases, a DPIA must be carried out. Finally, an employer must inform its employees in advance. The filming itself must be as focused, brief and limited as possible. When storing camera images, always pay attention to the maximum retention periods.
If the employee reports sick, the employer informs the occupational health and safety service. The company doctor can then, if necessary and with permission, request medical information from the doctor treating the employee. As employer, you then have to inform the OH&S service of the name, address and telephone number of the employee, the date of the sick report and any observations you made during the sick report. The employee must provide the company doctor with all the information needed to assess the notification of illness/incapacity for work, the supervision of absenteeism and the reintegration into work. The company doctor will only disclose (non-medical) information necessary for the employer to calculate the continued payment of wages during illness. In addition, information that is important to properly organise sickness absence management and reintegration may be shared. If you, as an employer, hire a reintegration agency, you may only provide that agency with personal data necessary for that agency to provide guidance. Note that the employee must be informed in advance about which data you will provide and why.
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