Along with the continuous progress in information technology and biotechnology, the risks of inappropriate use of personal data in working life have increased significantly. The Finnish government intends to counter this trend by introducing legislation on the protection of privacy in working life (Government Proposal 121/1998).
The proposed law on the protection of privacy in working life would apply to all employment relationships. Under this law, the employer would be allowed to collect and register personal data only where this is necessary with regard to the employment relationship of the employee. It would not be possible to deviate from this requirement even with the consent of the employee. When testing the employee, the employer should aim at using reliable testing methods.
The use of genetic tests when hiring new employees or during the employment relationship would be prohibited, unless permission is given by the National Board of Medico-legal Affairs.
The personal data concerning an employee should be collected primarily from the employee him- or herself. The employer should notify the employee about further data collected about the employee. Only those persons whose duties make it necessary should handle the personal data of the employees.
The employer would be entitled to handle data on employees' health only in cases based on law or on collective agreements for civil servants and other state employees. Only persons who make decisions on the basis of the health data regarding the employment relationship or who prepare such decisions would be allowed to handle the health data on the employees.
The law would supplement the provisions of the Personal Data Act concerning the handling of personal data. This latter law will be enacted simultaneously with the first. The bill aims at implementing, as far as working life is concerned, the Data Protection Directive (95/46/EC) issued by the European Parliament and the Council of Europe. It also takes into consideration the reform of 1995 concerning the provisions on fundamental rights included in the Constitution Act of Finland. The reform provides for more precise provisions on the legal protection of personal data.
The legislation on codetermination would be revised to the effect that the codetermination procedure would also cover the collection of personal data during the employment relationship, as well as the purpose, introduction and methods of technical control of the personnel.
The occupational safety authorities and the Data Protection Ombudsman would jointly monitor the enforcement of the proposed law. Disregard for the provisions of the law, whether deliberately or through neglect, would be punishable.
The proposed laws are to enter into force by 24 October 1998, which is the deadline set for the national implementation of the EU Data Protection Directive.
EU – European Commission DG EMPL/A/2 J
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