Locker check: invasion of privacy?

Questioner

My employer wants to introduce a locker check where the entire contents will be checked. Employees are only called in if something is found in the employee's locker. There are 2 security guards, a works council member and an HR employee present during the inspection. Is my employer allowed to do this? I really think this is an invasion of my privacy

Lawyer

An employer must substantiate why such an invasion of your privacy is necessary. There must be a compelling business interest. It is possible to implement this, as long as certain conditions are met as described below: 1. Necessity: There must be a legitimate purpose for which the control is necessary. This could be, for example, fraud prevention or detection or security reasons. 2. Proportionality: The measure must be balanced with your right to privacy. Is a full check of lockers necessary for the purpose or can it be achieved in a less intrusive way? 3. Subsidiarity: The objective cannot be achieved in a less drastic way. Are there other less drastic measures that your employer can implement instead of full locker checks? 4. Transparency: The inspection procedure should be as transparent as possible. Employees should be clearly informed about when, how and why the inspections are carried out. It is important that this intention of the employer is first discussed with the works council before it is implemented. The advice or approval of the works council is essential here. If in doubt, it is important to contact your union or a lawyer to clarify your positions and possible actions. It is also possible to contact the Dutch Data Protection Authority for advice or possibly file a complaint if you believe your privacy rights are being violated. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.