During our last webinar, participants asked questions about personal data protection. In this article, we answer three of those questions.
What can an employer keep on a "blacklist"? Can this information be used if a former employee applies for a job? Must they be notified in writing?
After the end of the employment relationship, the employer may only retain the personal data of a former employee to a limited extent and if there is a (specified) purpose for doing so. The employer may not retain personal data in its entirety after the end of the employment relationship. Only necessary documents whose archiving is governed by specific legal regulations and filing rules (if any) may be retained. Personal data cannot be retained simply because it may be useful to the employer at some point in the future. However, in the case of a blacklist, this is a controversial document, not only from the point of view of the GDPR, and when storing it, you must be careful how you plan to use it to avoid possible discrimination against the employee.
Which documents/personal data may not be included in an employee's personal file under any circumstances?
The following data does not belong in an employee's file:
- copy of identity card and insurance card,
- marriage certificate and child's birth certificate (if no benefits are received),
- information on political, religious or trade union affiliation,
- information revealing health status (especially for disabled persons), biometric and genetic data,
- sexual orientation,
- racial, national, ethnic origin or membership in various organizations,
- data expressing political opinions, religious or philosophical beliefs
Please define the scope of personal data (identification and contact details) of the employee specified in the header of the employment contract. Thank you.
The employment contract should only contain basic identification data - name and surname, permanent address, date of birth.
