Employee personal data

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.

Types of employee personal data

Employee personal data can include a wide range of information, including:

• Personal identification information such as name, address, date of birth, and social security number.
• Contact information such as phone number, email address, and emergency contact information.
• Employment information such as job title, salary, and employment history.
• Educational and professional qualifications.
• Health and medical information, including any disability or accommodations required.
• Bank account information for the purpose of salary payments or other financial transactions.
• Performance evaluations, disciplinary actions, and other information related to the employee's job performance.
• Information about the employee's family, dependents, and beneficiaries.
• Information about the employee's criminal records or credit history, if relevant to the job.
• Biometric data, such as fingerprints or facial recognition data, if used for security or timekeeping purposes.

It is important to note that not all types of data need to be collected, only the one that is necessary for the specific business purpose, and that the data should be kept confidential and protected from unauthorized access or breaches.

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.

Protection issues

In employee personal data protection, it is important to:

• Obtain informed consent from employees before collecting, using, or sharing their personal data.
• Limit the collection of personal data to only what is necessary for the specific business purpose.
• Securely store and protect personal data from unauthorized access or breaches.
• Keep the personal data accurate, complete and up-to-date.
• Provide employees with access to their personal data and allow them to request corrections or deletions.
• Adhere to any specific data protection laws or regulations that apply to your industry or location.
• Appoint a Data Protection Officer (DPO) if required by the law.
• Train employees on data protection policies and procedures.
• Establish procedures for handling data breaches and notify affected individuals and authorities as required by law.
• Regularly review and update data protection policies and procedures to ensure they remain effective and compliant with laws and regulations.

It is also important to note that in some jurisdictions, companies are required to appoint a Data Protection Officer (DPO) to ensure compliance with data protection regulations.

Employee personal data — recommended articles

Bank secrecy — Compliance test — Fidelity guarantee — Employee — Taping Rule — Customs house — Information security in local government — Internal audit — Certificate of conformance

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.