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Mauritius: Employees Must Expressly Consent To The Use Of Their Fingerprints Data To Record Their Attendance

On 9 April 2015 the Information and Communications Technologies Appeal Tribunal (“Tribunal”) handed down a decision in Alteo Limited v Data Protection Office. The Tribunal held that the use of fingerprints for attendance purposes not expressly consented to by the employee was not in compliance with the provisions of the Data Protection Act.

It was the case for the company that:

the collection and processing of fingerprints of employees are necessary for the performance of their contract of employment; and
the use of the fingerprint-based electronic attendance system is required for the “proper and effective running of the group with a view to optimise monitoring of the attendance of the employees.”
Findings of the Tribunal:

The Tribunal found that:

the company has failed to justify that for the non-consenting employees, the collection of the fingerprint data by the electronic attendance system was necessary for the performance of their contract of employment; and
the company had caused the employees to use the fingerprint-based electronic attendance system without their consent.

Continue reading here.
Source: Mondaq

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