Employers may not follow health information workers with wearables

Mar

9

2016

The Authority Personal Data following an investigation into two companies provides that an employer may process personal data on the basis of wearables that provide information regarding the health of its employees.

personal authority The Authority Personal said in a press release that wearables, such as a smart watch, personal data may be processed. Being able to provide this information answer about the health of the wearer, these data should also be considered as sensitive personal data. It is to think of the number of hours of sleep or insight into the daily movement pattern of a worker. One of the companies surveyed had actually understand the sleep behavior.

A spokesman late Tweakers know that there is therefore no situation exists in which an employer may process personal data of an employee through wearables, because there is a dependency relationship. For example, an employee in such a case, or give consent for the processing, but this permission can not be given as freely considered because of the dependence of the worker. As long as consent is not freely given, it can not be regarded as genuine consent.

The spokesman stressed that it does not share the intent of the regulator is to deter companies such wearables to gift or to keep their employees information on their own initiative with colleagues. This may only happen on behalf of the employer and the employee must not encourage the sharing of data.

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