Employee personal data

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Protection of personal data is regulates by the provisions of the Labor Code and other special laws.

The authority for the protection of personal data is the Inspector General for Personal Data Protection.

The processing of personal data (information) includes any operation which is performed upon such data: collection, recording, storage, organization, alteration, disclosure and erasure, and especially those performed in the computer systems.

Sensitive data

  • racial or ethnic origin,
  • political views,
  • religious or philosophical beliefs,
  • denominational affiliation, party or trade union membership,
  • health,
  • the genetic code,
  • addictions,
  • sex life.

The processing of employee data is permitted only if:

  • the person to whom the data refer, will express its consent
  • it is necessary for the exercise of rights and duties resulting from a provision of the law,
  • it is necessary to the implementation of the agreement, where the person, the data subject is a party or, where this is necessary to take action before the conclusion of the contract at the request of the person to whom the data relate,
  • it is necessary to perform a set of tasks to be implemented for the public good,
  • it is necessary for the fulfillment of the legitimate objectives pursued by the controllers or data recipients, and processing does not violate rights and freedoms of the data subject.

References

  • Gerber, P. D., Nel, P. S., & Van Dyk, P. S. (1987). Human resources management. Southern Book Publishers.
  • Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (1997). Human resources management.