Highly monitored industry

– Drivers are one of the most monitored employee groups in Norwegian employment. With this decision, data from fleet management systems can no longer be stored indiscriminately. It is high time that privacy is taken seriously in the transport industry, confirms lawyer and head of legal department at YTF, Josefine Wærstad.

This decision sets a new standard for how long employers can retain data about their employees' driving habits, with a new maximum of just three months.

A long fight

The case was first brought by the Norwegian Professional Transport Association in 2018, as part of its ongoing efforts to protect drivers' privacy. After a thorough assessment, the Swedish Data Protection Authority, IMY, found that Nobina had violated several important provisions of the GDPR.

Although Nobina has argued that they collect personal driving data to promote environmentally friendly driving and reduce emissions, IMY pointed out that this does not justify such a long storage period. YTF argued, among other things, that the purpose was sufficiently served by the drivers receiving feedback in real time, but IMY believed that it was justified that there was reason to store the information for training purposes, but not beyond 3 months.

Rights must be respected

"The Norwegian Data Protection Authority's decision confirms our belief that personal data should not be handled lightly or stored longer than necessary. This is a big step in the right direction, and a clear signal that drivers' rights must not be forgotten when implementing new technology," says Wærstad.

The Norwegian Professional Traffic Association encourages all its members and drivers across the country to take note of the decision and be aware of their rights regarding data storage and privacy vis-à-vis their employers.

"Drivers' privacy must be respected. We are continuously working to improve drivers' privacy in the workplace," concludes Wærstad.