The testing of intoxication and the processing of related personal data in employment relationships is currently not regulated at the legislative level. According to the Data Protection Inspectorate (AKI), the lack of regulation has created a situation in which employers often operate on legally uncertain ground.

The inspectorate emphasized that clear rules for intoxication testing are essential to ensure workplace safety, provide legal clarity for employers and protect employees' rights. Although many employers currently use breathalyzers to check for alcohol consumption, there is no legal basis for doing so.

"This infringes on employees' fundamental rights and does not meet the requirements set out in the General Data Protection Regulation," said Jekaterina Aader, a legal advisor in the inspectorate's proceedings department.

At the same time, employers have a legal obligation to ensure a safe working environment and, if necessary, remove an intoxicated employee from the workplace. Intoxication testing is especially important in sectors where impairment poses a direct risk to the lives and health of the employee or others, as well as in positions involving hazardous work. However, employers currently have no way to test for intoxication other than by involving a healthcare provider — a process that is time- and resource-intensive and often impractical in everyday operations.

The inspectorate believes a fair balance can be struck between workplace safety and employee privacy. The best solution, it says, is to establish a clear legal framework that enables employers to ensure workplace safety, protects employees' rights and guarantees that intoxication testing is conducted in line with personal data processing principles.

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