Screening
It is important for employers to employ reliable employees. Screening applicants and employees is a tool to mitigate risks. Screening is even required by law for certain positions.
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However, screening can be very intrusive on the privacy of the applicant or employee in question. That is why screening is allowed only under certain statutory conditions.
Quick answers
For citizens
4 questions and answers
Can my (prospective) employer screen me?
If you apply for a job with an employer, it may conduct a screening. Once you’re employed, your employer can screen you if this is necessary due to the nature of your position. For example, if you work for the police. Screening is required by law for some positions, such as jobs in childcare.
Screening can be very intrusive on your privacy. Therefore, an employer is only allowed to screen you if it meets the (statutory) conditions for screening. These conditions are intended to protect your privacy.
Do I have to be screened again for every secondment?
No, it is usually not necessary for you to undergo screening again every time your employer seconds you or lends you to another organisation. Unless special (safety) requirements apply to working at this other organisation, or if the organisation can demonstrate that screening is necessary for another reason. In that case, you may be screened again. See also: Screening during secondment.
Can I access my data at an organisation, or have them rectified or removed?
Yes, you can. If an organisation uses your personal data, you have a number of rights. This will ensure that you keep a grip on your personal data. These are the most important privacy rights:
- You have a right of access to your personal data.
- Does it turn out that data of you are incorrect? Or that certain data are missing? Then you can ask for rectification of your data (adjustment or addition).
- In some cases, you can also ask for erasure of data.
Do you want to know what other rights you have? Check out Privacy rights under the GDPR.
What can I do if I have a question or complaint about the use of my personal data?
Always submit your questions or complaints to the organisation that uses your personal data first. Do you have a complaint and are you and the organisation unable to work it out together? Then you can lodge a complaint with the Dutch Data Protection Authority (DPA).
For organisations
2 questions and answers
As an employer, can I screen someone without telling them?
No, this is not allowed. You are obliged to tell the applicant or employee you want to screen in advance:
- that screening will take place;
- why screening is necessary;
- what data you are examining;
- why these data are relevant for the position in question.
After the screening process, you must inform the applicant or employee about the results thereof.
If someone consents to screening, then it is allowed, right?
No, consent from applicants or employees is not legally valid. Due to their dependent position in relation to you as a (future) employer, they cannot give the consent freely as required by law. See also: Consent not valid.
