A new law protecting employee privacy has come into effect in Finland. It defines the types of personal information that businesses may gather on their employees and the manner of collection. The new law considers email as private as regular mail. Finland is the European pacesetter in employment-related privacy matters.

The new Finnish privacy law, which went into effect at the start of October, regulates such matters as employee testing and the use of email at work in addition to the gathering of personal information. This law makes Finland the pacesetter for employee privacy in Europe. Data privacy legislation based on the EU privacy directive is, of course, in effect throughout the EU, but specific legislation for the workplace apparently does not exist elsewhere.

Denmark is about to enact a law resembling the Finnish one. Belgium, France, the Netherlands, Greece and Great Britain are expected to issue guidelines on employee privacy. Sweden and Germany may enact legislation.

Employee privacy issues have also become topical at the EU level: the Commission last summer queried various labour market organizations whether something needed to be done as disparate safeguarding and handling of employee information in different EU countries could impede the free movement of labour. Cross-border acquisitions, mergers and other transactions common in a global economy require that employee privacy be handled in a uniform and logical manner.

Only relevant information may be gathered

Finnish employers may only gather personal information on their employees or applicants that is directly relevant to the employment relationship. Employers must be able to justify the need for all information and information must be primarily gathered from employees themselves. Employees have the right to know what information their employer has recorded on them and can ask to see such information at any time. Employees can further demand that their employer correct any possible mistakes.

Information concerning employees' health is considered sensitive information. If an employer requests such information from occupational health service providers, for example, the employee's written consent will be required. Personality and aptitude testing can be carried out with the consent of the test subjects if such tests are necessary to establish a subject's job aptitude or training needs. Drug tests are also permitted, but a necessity-based justification is also required. Applicant or employee gene testing, meanwhile, is not permitted.

Email as private as letters

The new law considers email as private as regular mail. Privacy will be evaluated on the basis of the intended recipient or distribution - the form of an email address featuring both the name of the employee and business, or the number of recipients, will not determine the privacy afforded a message. Businesses should prepare clear rules for the use of email and information networks (Internet). Employers ultimately decide on the use of email and can unilaterally provide that their email service cannot be used for anything other than job-related matters and can also let employees know that their usage of the service will be monitored.

RELATED FINNFACTS ARTICLES:

>> Electronic signature will be just as binding as traditional one (11.12.2001)

>> www.tietosuoja.fi/1560.htm