Profiling in Employment Situations (Fraud)

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Profiling in employment related situations has found increasing application during the last ten years as an instrument for electronic (and in some cases highly automated) employee monitoring. In the first part of this article the European legal grounds for workers’ data protection are described; the Data Protection Directive 95/46/EC is only one but an important part of the existing European legal framework. General principles for data protection at the workplace derived from this European legal framework are outlined.

In the second part, examples of profiling practice in employment situations will be described and analysed concerning legal and technological aspects based on case studies that are raised in, among others, Privacy Commissions in Germany. Core elements of a legally compliant implementation will be outlined. The case studies include: e-mail analysis and profiling applied by intrusion detection / intrusion prevention systems, skill management tools and fraud prevention, for example, in the retail sector through embezzlement by cashiers