Treatment of personal data in employment and employment contracts
Gathering information
The purpose of obtaining information for employment and employment contracts must be clear and follow the principles of the data protection legislation. In general, the employer should be aware whether he needs the approval of the employee for the processing of his personal data or whether he can use other sources to request certain information.
The information requested should be appropriate and not exceed what is necessary. It may depend on the circumstances which information is necessary.
It also matters whether the employment process is on the public market or the government. Special laws apply in the employment process in the government and therefore such processes are much more formal than the employment process on the public market. Individuals who apply for employment in the government have a much more stronger right to information about the employment process than on the public market.
Information on employment and education
It is normal to provide information on employment and education with the job application. The employer usually has a legitimate interest in the recording of this information, for example for the purposes of wage processing.
Information online and on social media
The future employer may collect and use public and accessible information about an individual, such as what is found about the individual on the Internet or on social media. Even so, the processing must always serve a specific purpose and all information must be verified. The employer must inform the person concerned about this processing.
Criminal record
If the employment in question is with children or for a financial institution, it may be justified to request a criminal record. The necessity of this information must be assessed in each case and individuals must give their explicit consent to use it.
Information from your former employer
Although it is normal that the future employer obtains information about an individual from former or current employer, they must agree that this is done.
A person has also the right to know what information is requested, whether it is objective information such as the date of employment, the task that the person performed or whether it is subjective information such as social skills, communication in the workplace and such. It can be very normal to request information like this; the requirement is first and foremost that the person knows that it will be collected.
Sensitive Personal Data
Individuals should not have to provide personal data that are considered sensitive. They should be given special protection because the processing could risk the fundamental rights and freedoms of the individual. Employers are usually not allowed to process the information in question except by means of a special exemption. It must be assessed in each case and the individual must give explicit consent to use such information. The main exemptions are criminal records and health information that may be necessary, for example for payment of sickness benefit.
The employer must be able to demonstrate that the processing is necessary in the interest of legitimate interests which clearly outweigh the fundamental rights and freedoms of the individual. It must be clear beforehand that this information will be required and why it is necessary.
There must always be a strong and valid reason for the processing of sensitive personal data.
Personality test
Personality tests are usually taken with the consent of the wearer and rarely contain sensitive personal data. People are usually informed beforehand that such tests are part of the recruitment process and the processing of information that may be included is of course subject to the same rules as other processing of personal data.
