Collection of Personal Data during Recruitment
The employer may collect and store data about the applicant at the time of recruitment. The General Data Protection Regulation (GDPR), Data Protection Act and the Act on the Protection of Privacy in Working Life (where applicable) apply to personal data collected in connection with the search of work. In principle, the applicant can only be asked questions related to the search of work and the work and likewise only necessary information related to the job search and the job can be recorded (according to the ‘necessity requirement’).
When hiring new employees, companies often use electronic or manual job application forms. Under the Act on the Protection of Privacy in Working Life, the prospective employer must primarily collect personal data from the job applicant himself. The use of other data sources is only allowed with the consent of the job applicant, unless the authority discloses the data for the performance of the employer's statutory task or the collection of the data is expressly provided for by law. The employer must also assess the grounds for processing and retention periods of personal data in accordance with the GDPR and inform the job applicant about the processing of personal data.
In connection with the recruitment procedure, the applicant may not be asked to give, nor can the employer store special categories of personal data, so called sensitive personal data, unless it is relevant to the performance of the job. Such information includes, among other things, information about race or ethnic origin, a person's political affiliation, trade union membership, religion, state of health, treatment given or other procedures done by healthcare or social care, or sexual orientation or behavior. For example, the investigation of possible pregnancy has been considered forbidden in case law, and issues of civil status have also been viewed critically. In addition, for example, data about a criminal act or punishment can only be processed in certain exceptional situations, which you can read more about in [Checking an Employee's Criminal Background].