Phase
Act (2018:218) with supplementary provisions to the EU's data protection regulation
Native name
Lag (2018:218) med kompletterande bestämmelser till EU:s dataskyddsförordning
Type
Employee monitoring and surveillance
Added to database
02 November 2023

Article

Lag (2018:218) med kompletterande bestämmelser till EU:s dataskyddsförordning Chapter 3


Description

This Act supplements Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons with regard to the processing of personal data and on the free movement of such data. It is the main act referred to in stating that the following activities are forbidden by the employer:

  • Searching through the browsing history of an employee without reason. Automatic collection of such data is not allowed.
  • Surveillance of working activity by forcing the web camera of a work laptop to be on.
  • Surveillance of email conversation can be allowed in some cases, but only when there are suspicions of disloyal activity or criminal behaviour.

Commentary

The largest trade union in Sweden, Unionen, for private sector white collar workers released a report in 2021 that argues that the existing legal framework to regulate employee monitoring and surveillance is a good foundation for future regulation but may need supplementary regulation to be effective. This existing framework is the GDPR-law, the Swedish Codetermination Act (MBL), the Employment Protection Act (LAS), and various sectoral collective agreements. However, they also state that the legal framework lacks specific regulation on the issue of employee protection from surveillance. A dedicated legal reference that ensures employee protection from excessive surveillance would make it easier.


Additional metadata

Cost covered by
National government
Involved actors other than national government
National government
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Citation

Eurofound (2023), Sweden: Employee monitoring and surveillance, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/sweden

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