Fine imposed on employer processing of employee fingerprints

guest · May 3, 2020

The Netherlands: Fine imposed on employer processing of employee fingerprints
May 1, 2020
https://blogs.dlapiper.com/privacym...n-employer-processing-fingerprints-employees/

The Dutch Data Protection Authority (Autoriteit Persoonsgegevens, “Dutch DPA“) issued a fine of EUR 725,000 for a company unlawfully processing fingerprints of its employees for attendance and time registration purposes.

Under the GDPR, biometric data (e.g. fingerprints) processed for the purpose of identifying a natural person are considered a special category of personal data. Consequently, processing of such data is prohibited under article 9 of the GDPR, unless an exception applies. There are two exceptions that can – in principle – be relied upon with respect to the processing of biometric data:

1) explicit consent, or 2) the processing is necessary for authentication or security purposes.
The Dutch DPA concluded that the company in question could not invoke either of these two exceptions.
Click to expand...

First of all, the employer was not able to provide prove of having obtained explicit consent of employees.
Secondly, the Dutch DPA concluded that the “necessity” exception can only be relied upon when buildings and information systems need to be secured in such a way that this cannot be done without using (only) biometrics. In other words: less privacy invasive measures should not be available.

We agree with the Dutch DPA that in this particular case, consent could not be relied upon. However the Dutch DPA also stressed that employee consent in principle will not be valid as employees depend on their employer and will often not be in a position to refuse.
Click to expand...

mirimir · May 3, 2020

However the Dutch DPA also stressed that employee consent in principle will not be valid as employees depend on their employer and will often not be in a position to refuse.
Click to expand...

Huh. That's almost a truism, no? At least, for employees without union or other contractual protection.

Log in or Sign up

Fine imposed on employer processing of employee fingerprints

guest Guest

mirimir Registered Member

Log in or Sign up

Fine imposed on employer processing of employee fingerprints

guest Guest

mirimir Registered Member

Useful Searches