What Kind of Information Can Be Collected?
The employer must observe that the employees’ privacy protection is duly arranged as well as that their privacy protection is not compromised.
The employee may only collect data concerning an applicant or an employee that is directly necessary for the purposes of employment. Nothing else may be collected. The employee must be able to justify the necessity of the data gathered by it. Any information other than what is necessary for the purposes of employment may not be collected even with the employee’s approval.
Personal data means information about an employee on which he or she can be identified. The information must be on a platform, such as for example on paper, on a computer’s memory, in a filmstrip or in microfilm. Solely oral information remains out of scope with regard to the data protection legislation. Thus, data protection legislation does not cover, for instance, job interview discussions or discussions between two employers concerning an employee. However, such data falls within the scope of the legislation if the information is stored in some form or if the oral information is based on registered data.
The necessity of the data is considered work and employee specifically. What is necessary for a certain employee’s employment might not be applicable to another person even in the same workplace. Data required for the employer to meet the obligations set forth in legislation or collective labor agreement is obviously necessary. In addition to this type of data, companies collect personal data for their own specific purposes. The collection of data is allowed but the employer must be able to justify the necessity if required.