During our last webinar, participants asked questions about data protection. In this article, we provide answers to three of those questions.
What information can an employer keep on a "blacklist"? Can the employer use this information if a former employee applies for a job? Must the former employee be notified in writing?
After the employment relationship ends, an employer may retain a former employee’s personal data only to a limited extent and only if there is a specific (defined) purpose for doing so. An employer may not retain personal data in its entirety after the employment relationship ends. Only necessary documents may be retained, the archiving of which is governed by specific legal regulations and the records management policy (if applicable). It is not permissible to retain personal data merely because it might be useful to the employer at some point in the future. However, a blacklist is a controversial document, not only from the perspective of the GDPR, and when retaining it, you must be careful about how you plan to use it to avoid potential discrimination against the employee.
Which documents/personal data may under no circumstances be included in an employee’s personnel file?
The following information does not belong in an employee’s file:
- a copy of the ID card and health insurance card,
- marriage certificate and child’s birth certificate (if no allowance is received),
- information regarding political, religious, or union affiliation,
- information revealing health status (especially in the case of persons with disabilities, please note), biometric and genetic data,
- sexual orientation,
- racial, national, or ethnic origin, or membership in various organizations,
- data expressing political views, religious or philosophical beliefs
Please define the scope of an employee’s personal data (identification and contact information) listed in the header of the employment contract. Thank you.
The employment contract should contain only basic identification data—first and last name, permanent address, and date of birth.
