[Appendix 3] Workplace privacy Guideline

1. Employer should negotiate with Trade union when he will adopt new technology into the workplace

2. If the new technology is genuine labor surveillance technology. It should not be adopted into the workplace

3. If It is unable to avoid adopting surveillance technology because of workplace security etc. employer should obey the below guideline*1)

*1) {{This guideline is modified from OCED privacy guideline}}

¨ç The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose. the purpose should be set by negotiation between trade union and employer (Purpose Specification Principle)

¨è There should be limits to the collection of employee data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject. (Collection Limitation Principle)

¨é Employee data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date.(Data Quality Principle)

¨ê Employee data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with [the Purpose Specification Principle] except: (a) with the consent of the data subject; or (b) by the authority of law. (Use Limitation Principle)

¨ë Employee data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data.(Security Safeguards Principle)

¨ì There should be a general policy of openness about developments, practices and policies with respect to employee data. Means should be readily available of establishing the existence and nature of employee data, and the main purposes of their use, as well as the identity and usual residence of the data controller.(Openness Principle)

¨í Employee or Trade Union Participation Principle: An employee should have the right:

a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;

b) to have communicated to him, data relating to him within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him;

c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and

d) to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.

¨î A data controller should be accountable for complying with measures which give effect to the principles stated above. (Accountability Principle)

4. Employer should set regulation which is set by negotiating with Trade union for securing employee data. the regulation should be included the following clauses

* formal policies about the use of email and the internet

* article about stopping email interception and wiretapping or hard disk scanning etc

* penalties for regulation in fraction

5. Employer should inform their employee about electronic monitoring.