BA004Use of psychological and dispositional indicators

The treatment of traits, psychological states, or situational factors as grounds for attention.

Pillar: BA | Behavioral assessment
Sources cited: 6
Added: 30 AUGUST 2026
Updated: 5 OCTOBER 2026

Control	Jurisdiction	Source	What it establishes	Prerequisite or recommendation
BA004/EUMandatory	European Union	Regulation (EU) 2016/679, articles 5(2), 6, 9, 12, 15, 22, 35, and 88European Parliament and Council · read 11 Aug 2026	The grounds on which processing may rest, the burden of showing it, the categories whose processing is prohibited outright save on a named ground, what a person asking has to be told and by when, the limit on deciding about someone by machine alone, when an impact assessment is owed, and the leave each member state has to set its own employment rule.	Article 9 reaches an indicator only where it reveals one of the categories it closes off, data concerning health among them, and where it does the processing is prohibited unless one of that article’s own grounds applies. An assessment of disposition that reveals none of them is not caught by it, and falls back on the ordinary grounds.
BA004/FIMandatory	Finland	Laki yksityisyyden suojasta työelämässä (759/2004)Parliament of Finland · read 29 Aug 2026	One act for the whole subject, holding processing to what is directly necessary, naming the conditions for cameras and for opening the employer’s electronic mail, and putting technical monitoring through a cooperation procedure before it is introduced.	A personality or aptitude assessment is taken with the employee’s consent, and the employer answers for the reliability of the method, the expertise of the assessor, and the findings being free from error.
BA004/ITMandatory	Italy	Statuto dei lavoratori, article 8Parlamento della Repubblica · read 24 Sep 2026	That an employer may not enquire, including through third parties, into a worker’s political, religious or union opinions, nor into facts that do not bear on the assessment of their professional aptitude, either at hiring or during the relationship.	Facts that do not bear on the assessment of professional aptitude may not be enquired into at all, which reaches a trait or a situational factor before any question of how it is weighed arises. Who decides what bears on professional aptitude is not stated.
Recommended	Switzerlandwhere written	Wegleitung zur Verordnung 3 zum Arbeitsgesetz, Artikel 26, Überwachung der ArbeitnehmerStaatssekretariat für Wirtschaft (SECO) · read 5 Oct 2026	What counts as a behaviour monitoring system (cameras in work rooms, microphones, continuous positioning, IT tools that monitor computer or phone activity at work or at home, sensors capturing biometric or physiological data, and AI tools for automated analysis of employee-based data), the three conditions of admissibility of a system needed for other reasons (a clearly overriding other interest, proportionality, and the participation of employees in planning, installation, hours of operation, and retention), the written justification produced to the labour inspectorate on request, and the data rules (prior detailed information, shortest predetermined retention, access limited to those authorized to evaluate, no archiving after the control, an internal regulation on rights and duties, monitored areas marked).	Sensors that capture and evaluate biometric or physiological data of employees, face recognition, voice analysis, head, eye, pupil, movement, or muscle activity, body temperature, breathing or heart rate, perspiration, are behaviour monitoring systems, which article 26(1) excludes.
Reported	Denmarkwhere written	SoK: The Psychology of Insider ThreatsSaddiqa and Ruohonen · read 11 Aug 2026	What has been published on traits, states, and situational factors, and that the foundations are thin and hard to compare across studies.	What has been published on psychological indicators does not establish which of them are observable in an employment setting.
Reported	United Kingdomwhere written	Integrating Human Factors into Insider Threat Detection: A Systematic ReviewPathirana, Roberts, Kalutarage, and McDermott · read 16 Aug 2026	The models, data sources, and evaluation methods used where detection research has taken up human factors.	Reviews of the detection literature map which human factors have been modelled and on what data, and test none of them.