By Dan Cooper and Rosie Klement

The EU’s Article 29 Working Party (“WP29”) has issued new guidance on data processing in the employment context.  Adopted on June 8, 2017, the guidance primarily takes account of the existing data protection framework under the EU Data Protection Directive (Directive 95/46/EC), but also considers the developments coming into force on May 25, 2018 under the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”).

The WP29 released the guidance partly as a result of the GDPR, but also due to the number of new technologies that have been adopted since previous WP29 publications relating to personal data in the workplace (see Opinion 8/2001 on the processing of personal data in the employment context and the 2002 Working Document on the surveillance of electronic communications in the workplace).  As the WP29 observes, these new technologies enable extensive systematic processing of employees’ personal data and present significant challenges to privacy and data protection.

The new guidance is not restricted to the protection of persons with an employment contract, but is more expansive in scope and intended to cover a range of individuals in an employment relationship with an organization, such as applicants and part-time workers (the term “employee” applies broadly in all such contexts).  The guidance discusses a number of distinct employment scenarios: processing operations during the recruitment and employee screening stage; processing for monitoring ICT usage in and out of the workplace; time, attendance and video monitoring; processing relating to employees’ use of vehicles; as well as the disclosure of employee data to third parties and international transfers of personal data.
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