Dutch Data Protection Authority (DPA) identifies privacy risks in the workplace and in social security

The Dutch Data Protection Authority (DPA) has identified trends and developments in the field of privacy that play a role in the labour market and social security. The Dutch Data Protection Authority (DPA) recognises a number of major risks, such as those caused by algorithms and artificial intelligence (AI).

In the Labour and Social Security Sector Definition, the Dutch Data Protection Authority (DPA) notes that:

• Across the board, the use of and experimentation with algorithms and AI is on the rise.
• Employers can keep a closer eye on their employees with algorithms.
• Employers also monitor staff in other ways, for example, through cameras and sensors in the workplace and with alcohol and drugs tests.
• Government agencies are also increasingly using algorithms and AI, for example, to detect benefit fraud.

Advice to employers and benefits agencies

The Dutch Data Protection Authority (DPA) recommends, among other things, that organisations fully implement the position of the data protection officer (DPO). This is a legally required employee for many organisations who monitors compliance with the GDPR within the organisation.

And if organisations want to process personal data of their own employees - for example, because employers want to be able to track their staff - then the works council has an important say in this, one that is even laid down in law. This is something the Dutch DPA would like to point out.

Good intentions

The fact that employers monitor and check their employees may also be because employers want to create a safe working environment for their staff, and benefits agencies may want to be able to trace people because otherwise they risk missing out on potential benefits.

However, even with such good intentions, organisations must carefully take the privacy of the people involved into account. Especially to prevent something from going wrong. This is even more true because people are to a large degree dependent on their employer or benefits agency.