“Indispensable” data for performing a job. In this opinion, the Commissioner confirmed in writing the current practice that employers must not handle employee data, unless such data is “indispensable” for accomplishing the purposes of employment. This prohibition also extends to the data of candidates for a job. He called attention to the Constitutional Court’s guidance regarding the “right to informational self-governance” based on which all persons must be allowed to decide whether or not to disclose or authorize the use of their personal data. Regarding the labor relation, the commissioner has always taken the position that data-handling by the employer inevitably casts doubt on the genuine voluntary character of the employee’s consent, and that employers must not handle personal data unless such data is indispensable for accomplishing the purpose of data-handling. The recent opinion states that questioning employees about their personal life qualifies as the handling of personal data. The legality of such questions must always be subject to strict scrutiny since in hierarchical relationships, such as an employment relationship or a job interview, the inevitable defenselessness of respondents limits their opportunity to refuse to answer questions and to calculate the consequences of disclosing their personal data.
f the employee’s consent, and that employers must not handle personal data unless such data is indispensable for accomplishing the purpose of data-handling. The recent opinion states that questioning employees about their personal life qualifies as the handling of personal data. The legality of such questions must always be subject to strict scrutiny since in hierarchical relationships, such as an employment relationship or a job interview, the inevitable defenselessness of respondents limits their opportunity to refuse to answer questions and to calculate the consequences of disclosing their personal data.
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