Personality and Aptitude testing During the Employment Relationship

Personal data concerning the employee must primarily be gathered from the employee him/herself. Usually an approval by the employee is required in case data needs to be collected from other sources. Thus, the legislation aims to assure that the employee is aware of the information being collected and the employee can control the correctness of the information, and that no other information than those necessary for the recruitment and job performance are used. For more information on this see Personal data concerning the employee must primarily be gathered from the employee him/herself. Usually an approval by the employee is required in case data needs to be collected from other sources. Thus, the legislation aims to assure that the employee is aware of the information being collected and the employee can control the correctness of the information, and that no other information than those necessary for the recruitment and job performance are used. For more information on this see [What Kind of Information Can Be Collected?].

If the employer wishes to use any information found by internet searches or from social media channels for the recruitment process, the employee must give consent for it and he/she must be informed about searching during the recruitment process. Searching for said information is not prohibited per se, but using information other what the job applicant has provided in the recruitment process is not allowed.  

In case an employee or a job applicant does not give consent for collecting of information or it cannot be obtained, the employer may collect information only in special cases such as when assessing the reliability of a job applicant or employee when the information is necessary for the employment relationship. Credit data information can be disclosed to an employer only if the assignments require special trust, which means there is a possibility to obtain illegal financial benefits, such as in positions where an employee has independent discretion to make substantial financial commitments. A private sector employer cannot gain any information on criminal records, excluding a criminal background extract from those who work with children and requesting a security clearance from the police, which requires the employee’s approval. For more information on this see In case an employee or a job applicant does not give consent for collecting of information or it cannot be obtained, the employer may collect information only in special cases such as when assessing the reliability of a job applicant or employee when the information is necessary for the employment relationship. Credit data information can be disclosed to an employer only if the assignments require special trust, which means there is a possibility to obtain illegal financial benefits, such as in positions where an employee has independent discretion to make substantial financial commitments. A private sector employer cannot gain any information on criminal records, excluding a criminal background extract from those who work with children and requesting a security clearance from the police, which requires the employee’s approval. For more information on this see [Security Clearance Procedure].

Employee’s consent is not required when an authority discloses information to the employer to carry out a task defined in the law. This exception is applied, for instance, when garnishing salary. In addition, the consent is not required when obtaining credit data information, yet the employee must be informed in advance.

The employee must be informed of data collected from any other source than the employee him/herself prior to utilizing said data in decision making concerning the employee. The employee should be informed of the information immediately upon receiving the information, as far as possible, in order for the employer to be able to correct possible errors.