Employers process a lot of data about their employees. Both the data protection rules and chapter 9 of the Working Environment Act set limits on what they may do.
Control measures (Working Environment Act §§ 9-1 and 9-2)
A control measure is a measure to monitor or check employees, for example camera surveillance, logging of internet use, vehicle tracking, access control or checking e-mail.
- A measure can only be introduced if it is objectively justified by the organisation's circumstances and does not place a disproportionate burden on the employee (§ 9-1).
- The employer must discuss the measure with the employee representatives as early as possible, inform the employees before it is introduced, and evaluate it regularly (§ 9-2).
- Under the data protection rules, the employer must have a lawful basis, assess whether the measure is necessary and have given information. For extensive monitoring, a data protection impact assessment may be required (Article 35).
Covert monitoring is as a main rule not allowed. Cameras at the workplace must be clearly signposted, so that people know about the monitoring.
Access to the e-mail account
Section 9-5 of the Working Environment Act gives authority for rules on the employer's access to the employee's e-mail account and other electronically stored material. The rules are in the regulations on the employer's access to e-mail accounts and other electronically stored material (FOR-2018-07-02-1108).
Access is only allowed when it is:
- necessary to maintain day-to-day operations or other legitimate interests, for example when an employee is ill and important messages must be read, or
- where there is reasonable suspicion that the employee's use of the e-mail account or other electronic equipment amounts to a serious breach of the duties of the employment relationship, or may give grounds for dismissal or summary dismissal.
The procedure in the regulations:
- The employee must be notified in advance if possible, be given the reasons and have the chance to comment.
- The employee may be present and bring an employee representative or another representative.
- If access takes place without advance notice, the employee must receive written notice of it afterwards, with the method and the result.
- Irrelevant messages must not be read, and copies must be deleted.
- When the employment ends, the e-mail account must be closed, unless there is a particular need to keep it open for a short time. E-mail that is not needed for day-to-day operations must be deleted within a reasonable time.
It cannot be agreed, or instructed, that the employee will have worse terms than the regulations give. Datatilsynet supervises the regulations.
Practical advice: Keep private messages outside your work account, and mark them "private" if you use it anyway. Prepare the e-mail account for a substitute or for absence in the way the employer has decided.
The national identity number
The national identity number (fødselsnummer) has eleven digits, and the first six show the date of birth. It is a strong means of identification, and misuse can lead to identity theft.
Section 12 of the Personal Data Act says that national identity numbers and other unique means of identification may only be used when there is an objective need for secure identification, and the method is necessary to achieve such identification.
In practice:
- Do not ask for the national identity number when name and date of birth are enough.
- Do not use it as a customer number, username or password.
- Do not send it in ordinary e-mail, and do not write it on open lists, sticky notes or in the subject line.
- Show or print as few digits as possible.
- Do not reveal anyone's national identity number to people who do not need it.
Professional secrecy comes on top
Many professions have a duty of confidentiality under laws of their own, for example in health and care services or in public administration. It also applies after the employment has ended, and it applies in addition to the data protection rules.