The role of the works council in privacy at work
The works council plays an important role in privacy at work. For example, employers must ask the works council for consent to use personnel data or monitor employees. The works council can also on its own initiative express its views on the use of personnel data and advise on technological facilities, such as a new IT system.
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Right of consent - works council
The works council has a right of consent in a number of cases. This means that employers must first ask the works council for consent if they want to adopt, change or withdraw a specific regulation.
The Works Councils Act (WOR) lists two types of regulations that relate to privacy at work and for which the employer must request consent from the works council:
- A regulation for the use of personnel data (Article 27, paragraph 1, under k. of the WOR). Such regulations exist in every organisation. For example, registering absenteeism, payroll administration and the data kept in personnel files.
- A regulation for a staff tracking system (Article 27, paragraph 1, under l. of the WOR). Employers can use systems to monitor employees or systems that make monitoring possible, even if the employer does not (yet) do so. We call these staff tracking systems. For example, a system that registers attendance, time and access. But also a system that supports the handling of work, a case system.
Right of legislative initiative - works council
The works council can also on its own initiative express its views on the use of personnel data. In other words: without employers having asked for consent or advice. This is called the right of legislative initiative (Article 23, paragraph 3, of the WOR).
The works council can do this, for example, because of a security incident or questions or complaints from employees. Or something else where the works council believes that the employer should take action. In that case, the works council makes a proposal on its own initiative. The employer is obliged to make a decision on the proposal.
Right to prior consultation - works council
Employers must ask the works council for advice if they want to introduce or change an important technological facility (Article 25, paragraph 1, under k, of the WOR), such as a new automation system or communication system. Such a technological facility may (also) involve privacy aspects.
If it concerns a technological facility that allows the employer to monitor staff, the works council does not have a right to prior consultation but a right of consent, because it concerns a staff tracking system.