Guidelines for workplace data management
The Hungarian National Authority for Data Protection and Freedom of Information recently issued an official informative on the workplace data management titled ‘On the essential requirements of the workplace data management’.
The document provides useful information for the employers on the obligations and guarantees in connection with the monitoring of emails, internet and telecommunication by the Employer, especially if the use of the workplace devices and equipment is permitted for private purposes as well.
In the guidelines the Authority highlights – in tune with the labour law regulations – that the employer may only monitor the workplace devices used by the employees based on a lawful interest, with designating a specific aim, limited to the minimal necessary scope of control. The Authority suggests for the employers taking the so-called test of balance of interest.
The employer are obliged to inform the employees preliminary, in writing on the details of the regulation on the monitoring, as the employees must be assured that the monitoring of the workplace devices and the workplace data management restricts their rights proportionally.
The monitoring performed by the employer must be in compliance with the principle of progressiveness. Thus e.g.: the employer may be entitled to read the e-mails of the employees only in case of an alleged offence, or the employer may not listen to the records of the private calls taken on a workplace phone.
The prohibition of private mails and calls on workplace devices and prohibition of visiting certain websites may help keeping to the data protection regulations, but the handling of personal data of the employees is inevitable, thus the employers must be attentive to the statutory data protection regulations.
Should you have any question in connection with workplace data management, monitoring or on the data protection regulations, please contact with our experts at Ecovis Hungary Legal.