GDPR and Time Tracking: Data Protection in Employee Clocking
Time tracking generates personal data about employees. Therefore, it's subject to the GDPR and Spain's LOPDGDD.
What data is collected?
- Employee identity
- Entry and exit times
- Location (if geolocation is used)
- Biometric data (if fingerprint or facial recognition is used)
Legal basis
The main legal basis is compliance with a legal obligation (Art. 6.1.c GDPR). No employee consent is needed for basic clocking.
For geolocation, the basis may be legitimate interest (Art. 6.1.f), requiring an impact assessment.
Biometric clocking: can it be used?
After the AEPD's 2023 guidelines, biometric data use for time tracking is very limited. It's considered special category data (Art. 9 GDPR) and requires demonstrating no less invasive alternatives exist.
The safest alternative: a digital system with individual credentials (username + password or PIN code).
Conclusion
Time tracking and data protection go hand in hand. Ensure your system complies with both labor law and GDPR. Choose a provider that stores data in the EU and doesn't use unnecessary biometrics.
Frequently Asked Questions
Is fingerprint or biometric clock-in legal?
Only if justified and proportionate. The AEPD requires legal basis, impact assessment and non-biometric alternatives.
How long must clock-in data be kept?
Four years, like the time register. After that it must be deleted unless another legal duty applies.
Can employees access their own time records?
Yes. Both GDPR and the Workers Statute guarantee employees access to their own records at any time.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information may not be complete, accurate or up to date. For specific legal matters related to your company, always consult a qualified labor law professional or your employment advisor.