Blacklist in the healthcare sector

26/11 2014

The introduction of a blacklist in the healthcare sector is a means of significantly improving pre-employment screening.

The ZorgZijn Werkt employers’ organisation will publish a blacklist today (26 November 2014) of healthcare employees who have acted objectionably. Objectionable actions include theft, physical abuse and sexually unacceptable behaviour.

The blacklist is intended to prevent such healthcare employees from easily finding employment elsewhere in the healthcare sector.

The blacklist is a register of employees who, briefly stated, have been reported to the police and have been dismissed. Subject to certain privacy conditions that information may be shared with other organisations. The Dutch Data Protection Authority (CBP) has declared the blacklist of ZorgZijn Werkt to be lawful.

The blacklist can be consulted for pre-employment screening purposes, but only by duly authorised officers who are bound by a duty of confidentiality.

Employers in the nursing, healthcare and homecare sectors and in the disability care and mental care sectors may join the register.

Blacklists are not always permitted. They are governed by the Wet bescherming persoonsgegevens (Personal Data Protection Act). This means that a company, organisation or institution must process the personal data in a blacklist with due care and in accordance with the Personal Data Protection Act. The CBP supervises the use of blacklists.

Blacklist action plan If a company intends to draw up a blacklist, a number of steps must be taken:

  • Data processing with regard to all blacklists must be reported to the CBP.
  • That duty to report also applies if a company wishes to join an existing blacklist.
  • If a company then wishes to share the data in its blacklist with third parties, it must furthermore request a preliminary investigation by the CBP and draw up a protocol.

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