- on this page
- Allowed by law
- Prohibited collection & Use
- Prohibited information & Questions
- Storage & Consent
- What human rights violation may there be?
In order to examine your suitability for the offered position, the employer needs to obtain different kind of information about you. For example, you most likely will be asked to submit your CV or answer questions during the job interview.
Allowed by law
The activities regarding your data collection and subsequent use by your potential employer has to correspond to the requirements stipulated in the General Data Protection Regulation.
Your data processing by your potential employer shall be proportionate, in other words, necessary and suitable for the particular purpose and not of an extensive scope.
Employer’s obligation is to inform you what kind of data and for what legitimate aims are processed.
Prohibited collection & Use
It is not allowed to collect your personal data, which is not required for and not related to the
- vacant job responsibilities and
- your qualifications and experience
It is also prohibited to collect such information from other authorities and institutions, including references from your previous employers, unless you have given your consent.
Prohibited information & Questions
There is also certain information that the potential employer is not allowed to collect about you. This information regards special categories of your personal data, for example, your religion, marital status or criminal records. You can learn more about the prohibited questions and other details your potential employer is not allowed to ask you in the Labour Law.
Storage & Consent
If you are not recruited for the vacant job, the company is obliged to delete all data you have submitted. Only with your consent the company may retain your application file in order to consider your candidacy for future vacancies.
What human rights violation may there be?
If the potential employer has not observed the principles above, your right to private life may be infringed. Moreover, by collection of special categories of your personal data, such as regarding your family or marital status, pregnancy, religious conscience, affiliation with a political party, national or ethnic origin and previous conviction, additionally the prohibition of discrimination may be violated.
Articles 33, 36, 38
Applicable as of 25 May 2018
Articles 6, 9 and 10
Joint publication by the the EU Agency for Fundamental Rights and the Council of Europe