May my employer test me for drugs or alcohol?
Special category health data (GDPR Art. 9) — only permitted under statutory obligation (aviation, professional driver, nuclear, shipping). Otherwise not, not even with "consent" — not freely given.
A drug or alcohol test = processing of special category data (health data, GDPR Art. 9) → in principle prohibited unless a specific exception. Three statutory exceptions where it IS allowed: (1) Aviation (Dutch Aviation Act + EASA rules — pilots, cabin crew, ATC). (2) Professional drivers (truck, taxi, public transport — Dutch Road Transport Act + Working Conditions Decree). (3) Specific safety-critical functions designated by law: nuclear, certain healthcare functions, shipping. Why not "consent"? GDPR requires freely given consent. In employment relationships consent is not free — employee depends on employer, doesn't dare refuse. AP and EDPB have repeatedly stressed this. On a non-allowed test: refuse. Employer can attach no valid consequence (termination on this ground = unlawful). Company doctor may do drug tests without basis on sick leave — but result stays between doctor + employee, does NOT go to employer (medical professional secrecy). Example AP fine 2023: production company requiring monthly breath tests of all employees — €240,000 fine + immediate stop. On conflict: address works council, AP complaint, cantonal judge on termination.
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